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  • Ameris Bancorp v. Ackerman

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: James H. Moore III and Allen H. Olson Moore, Clarke, Duvall & Rodgers PC, Albany, for appellant.
    for defendant: Kevin T. Butler, Cairo, for appellee.
    Case Number: A08A1588

    The exculpatory language in the guarantee executed along with the lease and note in question did not bar the plaintiff's claims, since the guaranty applied to the city of Cairo's obligations to the

  • Taylor v. State

    Publication Date: 2009-03-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Herbert Adams Jr. The Adams Group PC, Jonesboro, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and John M. Turner Jr., Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A08A2073

    The defendant participated in a gun battle at a local park, where bullets struck a woman in her wrist and killed her 4-year-old gra

  • Daniel v. State

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert P. McFarland Jr. McFarland & Assocs. PC, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Chief Assistant District Attorney, Cumming, for appellee.
    Case Number: A08A2351

    Evidence that the defendant touched his 11-year-old step-granddaughter on her private parts and made her touch his private parts more than ten times supported his aggravated child ation, child

  • Alvista Healthcare Ctr. Inc. v. Miller

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jason E. Bring Arnall, Golden & Gregory, Atlanta, for appellant.
    for defendant: . Lance D. Lourie and Stephen R. Chance Watkins, Lourie & Roll LLP, Atlanta, for appellee.
    Case Number: A08A1899

    The nursing care facility was required to release the decedent's medical records to his surviving s

  • West v. State

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: James M. Adam, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, John G. Wilbanks Jr. and Jennifer D. Hart, Assistant District Attorneys, Dawsonville, for appellee.
    Case Number: A08A2271

    The defendant refused to leave the roadway in front of a private home, after an officer repeatedly told him to

  • In the Interest of R. S.

    Publication Date: 2009-02-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Frederick S. Jones, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Sandra G. Rivers and Mary E. Evans-Battle, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A08A2401; A08A2402

    The victim identified the first juvenile at trial at the one, who acted as a lookout, while the other juvenile put a gun to the victim's chest, took cash from the gas station's cash drawer and opene

  • Houston v. Phoebe Putney Mem. Hosp. Inc.

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Laura M. Shamp Brown & Shamp, Atlanta, for appellant.
    for defendant: . Carl R. Langley Langley & Lee, Albany, for appellees.
    Case Number: A08A1844

    The trial court erred in dismissing the medical malpractice plaintiff's complaint for failure to file a legally sufficient expert affi

  • Lankford v. State

    Publication Date: 2009-01-30
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Maryellen Simmons, Assistant Chief Public Defender, and Jason W. Swindle Drummond & Swindle, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A09A0208

    The defendant was not entitled to a separate trial where his trial involved only three jointly-charged defendants, each man's role in the crimes was fairly well-defined and their defenses were not a

  • Collins v. Dickman

    Publication Date: 2009-01-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: W. Carl Reynolds and Bradley J. Survant Reynolds & McArthur, Macon, for appellant.
    for defendant: . Robert P. Monyak Peters & Monyak LLP, Susan V. Summers, Trisha L. Lewis Goldner, Sommers, Scrudder & Bass, and Rush S. Smith Jr. Hall, Booth, Smith & Slover PC, Atlanta, for appellees.
    Case Number: A08A1725

    The evidence showed that the plaintiff's expert had not engaged in the active practice or teaching of anesthesiology for three of five years preceding the plaintiff's su

  • Pincherli v. State

    Publication Date: 2009-01-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A09A0247

    The evidence supported the defendant's conviction for cocaine trafficking based on a traffic stop, which resulted in the seizure of approximately three kilos of cocaine hidden inside the engine of t