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  • Amstead v. McFarland

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Brian C. McCarthy, Roswell, for appellant.
    for defendant: and Emory L. Palmer Carr & Palmer, Atlanta, for appellees, in A07A1357. Randall A. Meincke, Cumming, for appellant, and Allen L. Broughton Broughton & Fernandez, for appellee, in A07A1369.
    Case Number: A07A1357; A07A1369

    Some evidence supported the trial court's award of approximately 1/3 of the quantum meruit fees, to which an attorney claimed her was entitled, since the attorney based his quantum meruit claim on t

  • Trujillo v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Richard O. Allen, Atlantic Beach, Fla., for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, and William S. Hart, Woodbine, for appellee.
    Case Number: A07A0936

    Evidence that an officer seized two duffle bags weighing over 50 pounds and containing plant matter, which tested positive rijuana in three separate tests, supported the defendant's conviction

  • Allen v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Tony L. Axam Axam & Adams PA, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Shepard R. Orlow, Senior Assistant District Attorneys, and Gary S. Hulsey, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A07A0133

    The defendant did not show that the trial court would have dismissed a juror for cause had that juror revealed on voir dire that his uncle was a judge in Florida, who specialized in drug

  • Moorer v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Alicia C. Gant, Assistant District Attorney, McDonough, for appellee.
    Case Number: A07A0755

    The search of defendant's home was justified as a protective sweep, since it was reasonable for police, who knew there were two armed men involved in the crime, to ascertain if another perpetrator w

  • Hamburger v. PFM Capital Management Inc.

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert D. Howell, Moultrie and O. Wayne Ellerbee, Valdosta, for appellant.
    for defendant: Stephen E. Hudson Kilpatrick Stockton LLP, Atlanta, for appellee.
    Case Number: A07A0694

    The applicable statutes of limitation barred the plaintiff's breach of contract, breach of fiduciary duty and fraud c

  • Bolden v. Ruppenthal

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Allen W. Bodiford, Stockbridge, for appellant.
    for defendant: James T. McDonald Jr., James C. Fox II Swift, Currie, McGhee & Hiers LLP, and Elizabeth J. Bondurant Carter & Ansley, Atlanta, for appellees.
    Case Number: A07A0591

    The trial court violated required procedures for bifurcation in a case involving punitive damages and the bifurcation unfairly limited topics on which the plaintiff could cross-examine defense witne

  • Pittman v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Robert Stokely, Solicitor General, Sandra N. Wisenbaker Solicitor's Office, Newnan, and Amy B. GodfreyLaw Office of Daniel M. King Jr., Dublin, for appellee.
    Case Number: A07A1648

    The Court of Appeals affirmed the denial of defendant's motion to suppress evidence, since it could not review evidentiary matters critical to the motion without the jury trial trans

  • Davis v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Carl J. Spence, Lawrenceville, for appellant.
    for defendant: Rosanna M. Szabo, Solicitor, and Liza M. Moultrie Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A07A1356

    Two breath tests taken 11 minutes apart were taken sequentially for the purposes of O.C.G.A. § 40-

  • Hendry v. Wells

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Vincent T. Gresham, Atlanta, and Christopher J. McFadden, Decatur, for Hendry and others. Thomas T. Tate Andersen, Tate, Mahaffey & McGarity PC, Lawrenceville, James K. Quillian, Merle R. Arnold III and William M. Droze Troutman Sanders for Wells and others.
    for defendant:
    Case Number: A07A0059; A07A0060

    A limited partner may bring a claim against a partne where the primary injury alleged is to the individual plaintiffs, rather than the partne

  • Baker v. Merrill Lynch Trust Co. FSB

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, John B. Ballard Jr. and Grace E. Lewis, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: C. Fred Reeves, W. Allen Separk, Marietta, and Patricia D. Friedman, Atlanta, for appellees.
    Case Number: A07A0404

    The trial court erred in declining to apply O.C.G.A. § 53-12-113's cy pres doctrine-providing that ' "if a valid charitable bequest, trust, or gift cannot be executed in the exact manner provided by