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  • Falanga v. Kirschner & Venker PC

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Robert A. Falanga Falanga & Chalker, Alpharetta, for appellant.
    for defendant: . Thomas J. Venker Kirschner & Venker PC, and James T. McDonald Jr. Swift, Currie, McGhee & Hiers, Atlanta, for appellees.
    Case Number: A07A0142

    The trial court erred in ruling that O.C.G.A. § 9-3-31's 4-year statute of limitation barred appellants' claim with regard to the appellees' alleged fraudulent billing for appellate work on a federa

  • Squires v. State

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Richard O. Allen, Atlantic Beach, Fla., for appellant.
    for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A07A1276

    The defendant's pushing the victim and trying to get in her car with her, after she put her business checkbook, purse and shopping bag on the front seat of her car was sufficient to support his agg

  • State v. Stewart

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Carmen D. Smith, Solicitor General, Oliver E. Murray and R. Leon Benham, Assistant Solicitors General, Atlanta, for appellant.
    for defendant: Monte K. Davis, Roswell, for appellee.
    Case Number: A07A0232

    Drivers are entitled to be advised of their rights under the implied consent law; however, the law does not require the arresting officer to ensure that the driver understands the implied consent n

  • BayRock Mortgage Corp. v. Chicago Title Ins. Co.

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gary C. Harris, Clayton, for appellant.
    for defendant: Donald H. Crawford II and J. Allen Maines Paul, Hastings, Janofsky & Walker LLP, Atlanta, for appellee.
    Case Number: A07A0429

    The plaintiff failed to show that its claim for coverage under a title insurance policy constituted O.C.G.A. § 33-4-6's required' "demand for payment," ' since the claim only gave the defendant noti

  • Tune v. State

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Stephen J. Tuggle, Solicitor General, Carrollton, for appellee.
    Case Number: A07A0660

    The defendant was not under arrest for Miranda or implied consent warning purposes until after the arresting officer conducted field sobriety tests, since no evidence showed that the officers commu

  • Thomas v. State

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Kenneth W. Krontz, Kennesaw, Allen M. Trapp Jr., Carrollton, and Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A07A1269

    The state may rescind part of a agreement and indict the defendant on charges that were previously nolle prossed if the defendant breaches the agreement by withdrawing part of his

  • Stultz v. Safety and Compliance Management Inc.

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: John A. Owens Magruder & Sumner, Rome, for appellant.
    for defendant: . David D. Gottlieb The Womack Law Firm PC, LaFayette, Christopher A. Townley and Thomas F. Lindsay, Rossville, for appellee.
    Case Number: A07A0202

    The non-competition clause in the parties' employment contract was overly broad and indefinite, since it purported to prevent the employee from competing in any area of business the employer con

  • Prudhomme v. State

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Kelley A. Dial, Public Defender, Calhoun, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Cartersville, and Steward D. Bratcher, Silver Creek, for appellee.w
    Case Number: A07A0736

    The state properly proved jurisdiction for the aggravated sodomy charge through evidence that the vehicle in which the aggravated sodomy occurred traveled through Gordon c

  • Hankerson v. Hammett

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Bryan Hill Hill & Bleiberg, Atlanta, for appellant.
    for defendant: Percy J. Blount Glover & Blount PC, Augusta, for appellees.
    Case Number: A07A0553

    No issue of material fact remained as to whether the employee was acting within scope of his employment when he collided with the plaintiff's daughter, since he was returning from a purely personal

  • Ojemuyiwa v. State

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John R. Greco, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Erman J. Tranjuatco and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A07A0347

    Evidence that the defendant's breath smelled of alcohol, standing alone, did not support her DUI convi