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  • Fortner v. Grange Mut. Cas. Co.

    Publication Date: 2010-01-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kathryn H. Pinckney, Robert B. Turner Savage, Turner, Pinson & Karsman, Savannah, David F. Walbert Parks, Chesin, Walbert & Miller, Atlanta, and Marion T. Pope Jr. Hasty Pope LLC, Canton, for appellant.
    for defendant: Robert R. Gunn II, Thomas P. Allen III, John S. Edwards Martin Snow LLP, Macon, and Irman G. Hodges Oliver Maner LLP, Savannah, for appellee. Other party representation: Jason L. Crawford Daugherty, Crawford, Fuller & Brown LLP, Columbus.
    Case Number: A08A0983

    The trial court's jury charge was not consistent with the safe harbor provision recognized in Cotton States Mut. Ins. Co. v. Brightman, 276 Ga. 683

  • Freese II, Inc. v. Moses

    Publication Date: 2010-01-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John P. Webb, Stockbridge, for appellant.
    for defendant: Anthony T. Pete The Pete Firm PC, and Morris P. Fair Jr., Atlanta, for appellees.
    Case Number: A09A2294

    The defendant waived its claims of error regarding a verdict form, which it proffered and the trial court accepted and

  • Duffie v. State

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Steven D. Knittle, Assistant Public Defender, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Cheri L. Nichols, Assistant District Attorney, Cordele, for appellee.
    Case Number: A09A2281

    The state gave race-neutral reasons for its use of peremptory strikes against the only two black potential j

  • Baxter v. Bayview Loan Servicing LLC

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John W. Gibson Gibson, Deal & Fletcher, Norcross, for appellant.
    for defendant: Stefanie H. Jackman and J. Allen Maines Paul Hastings, Janofsky & Walker LLP, Atlanta, for appellees.
    Case Number: A09A1751

    All that is necessary is that a mortgage document ' "clearly indicate the creation of a lien and . . . specify the debt for which it is given and the property upon which it is to take effe

  • Staton v. State Farm Ins. Co.

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: David F. Guldenschuh, Rome, for appellant.
    for defendant: John A. Owens, J. Clinton Sumner Jr. Magruder & Sumner, Rome, Cubbedge Snow III and Thomas P. Allen III Martin Snow LLP, Macon, for appellee.
    Case Number: A08A1606

    The plaintiff was not a named insured and was not entitled to stack the UM coverage in his employer's insurance policies covering two vehicles that were not involved in the underlying car acc

  • Moore v. State

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Katherine M. Mason, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A09A1047

    The defendant's movement of the victim from a vehicle into a ditch did not constitute asportation, because the movement was minimal in duration, done in the commission of other offenses and did not

  • Ditman v. State

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Timothy B. Lumpkin, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Allen R. Knox, John R. Edwards, Assistant District Attorneys, and Marc D. Cella, Marietta, for appellee.
    Case Number: A09A2020

    The 36-month delay prejudiced the defendant because he was not unable to locate a material witness, whose testimony would have lent credence to his claim that he did not sexually abuse the witness's

  • Craigo v. Azizi

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ronald I. Kaplan and Jay D. Lukowski Kaplan & Lukowski LLP, Atlanta, for appellant.
    for defendant: . Wade K. Copeland and Ashley E. Sexton Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.
    Case Number: A09A1917

    The trial court's abuse of discretion with regard to the adequacy of the plaintiffs' expert witness's years of anesthesiology practice did not require reversal because the affiant did not meet licen

  • Smith v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Elizabeth A. Baker, Assistant District Attorney, for appellee.
    Case Number: A09A1144

    Trial counsel was not deficient for failing to request a continuance to secure missing witnesses, who would have given cumulative test

  • Roberts v. Pointer

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Raymond R. Grant II Cruiser & Mitchell, Norcross, Frederick M. Valz III and Erica L. Parsons Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellant.
    for defendant: Randy J. Ebersbach Kam, Ebersbach & Lewis, Newnan, for appellee.
    Case Number: A09A1448

    Trial court erred in denying the defendant's motion for a continuance due to the unavailability of an expert witness, because the pre-trial order specifically allowed the defendant to reserve the r