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  • Boyd v. State

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and James A. Dunn, Assistant District Attorney, Cumming for appellee.
    Case Number: A09A1183

    The officers had probable cause to pat-down the defendant for weapons during a lawful traffic stop and to send for a drug dog based on the defen actions and an officer's knowledge of the defe

  • Pinkins v. State

    Publication Date: 2009-09-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A1636

    The pretrial photographic line-up was not impermissibly sugge

  • DeVente v. Flora

    Publication Date: 2009-09-18
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Frederick D. Burkey, Atlanta, for appellant.
    for defendant: . Allen W. Bodiford, Stockbridge, for appellee.
    Case Number: A09A1166

    Under O.C.G.A. § 19-7-1 c 1 & 2, the minor decedent's posthumously born child had the exclusive right to pursue a wrongful death claim for her father's hom

  • Stidham v. State

    Publication Date: 2009-09-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Steven M. Harrison Public Defender's Office, Eastman, for appellant.
    for defendant: Timothy G. Vaughn, District Attorney, and Jason O. Waters District Attorney's Office, Eastman, for appellee.
    Case Number: A09A1456

    Both of the co-defendants implicated the defendant in the burglaries in question, corroborated each other's test and the victims corroborated their test

  • McKissick v. S. O . A. Inc.

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Waymon S. Harrell, Perry, for appellant.
    for defendant: Stephen N. Hollomon, Warner Robins, for appellees.
    Case Number: A09A1240

    Genuine issues of material fact remained as to probable cause and malice in the plaintiff's suit alleging malicious prosecution and malicious arrest, arising after he was arrested for allegedly orde

  • Order Homes LLC v. Iverson

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Clay S. O'Daniel Moore, Ingram, Johnson & Steele LLP, Marietta, and Ronald A. Williamson Shapiro, Fussell, Wedge & Martin LLP, Atlanta, for appellant.
    for defendant: . Kurt R. Hilbert The Hilbert Law Firm, Neil L. Wilcove Freeman, Mathis & Gray LLP, David F. Root Carlock, Copeland & Stair LLP, Brian W. Burkhalter, Stephen Michael Schatz Swift, Currie, McGhee & Hiers, Atlanta, Eric D. Cochling Hutto & Cochling, and C. David Joyner, Buford, for appellees.
    Case Number: A09A0931

    The parties agreed to submit all construction defect claims and ' "all other claims between the parties" ' arising out of the construction of the plaintiffs' new home to arbitr

  • Boyd v. Robinson

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William J. Mueller, Atlanta, for appellant.
    for defendant: George E. Duncan Jr. and Jennifer C. Adair Duncan & Adair PC, Atlanta, for appellees.
    Case Number: A09A1681

    The plaintiff was able to voluntarily dismiss his original law suit and use the renewal statute to ' "nurse the cause of action into full life," ' five years after expiration of the statute of limi

  • Paramount Tax & Accounting LLC v. H & R Block E. Enters. Inc.

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mark W. Alexander and Jennifer I. Robertson Stewart, Melvin & House, Gainesville, for appellant.
    for defendant: . J. Matthew Maguire Jr., Robert F. Glass Balch & Bingham LLP, Atlanta, and David M. Kight Spencer, Fane, Britt & Browne LLP, Kansas City, Mo., for appellee.
    Case Number: A09A1542

    The noncompetition clause in a former employee's employment agreement was invalid and unenforceable as a matter of law for lack of proper territorial l

  • James-Dickens v. Petit-Compere

    Publication Date: 2009-08-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sarah C. Cipperly Cobb County Legal Aid, Marietta, for appellant.
    for defendant: John C. Barrett Puch, Barrett, Canale & Leslie LLC, Marietta, for appellee.
    Case Number: A09A1617

    The mother was entitled to a hearing on the father's failure to pay child support after expiration of the underlying protective order, which provided for the support in que

  • Encompass Inc. Co. of Amer. v. Friedman

    Publication Date: 2009-08-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Carrie O. Lowe and Melissa C. Patton Webb, Zschunke, Miller & Dikeman LLP, Atlanta, for appellant.
    for defendant: Jeffrey S. Vaughan Royal & Vaughn, and Eugene C. Brooks IV, Savannah, for appellee.
    Case Number: A09A0144

    The plaintiff failed to file her suit for breach of contract, bad faith and bad faith attorneys' fees, arising after water damage and mold infested air ducts and walls of her home as the result of m