• Cochran Mill Assocs. v. Stephens

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gus H. Small Jr., Kevin T. O'Sullivan Cohen, Pollock, Merlin, Axelrod & Small PC, and Kelly S. Scarbrough Lord, Bissell & Brook, Atlanta, for appellant.
    for defendant: David W. Davenport and Keith A. Pittman Lamar, Archer & Cofrin LLP, Atlanta, for appellee.

    Case Number: A07A0061

    The plaintiff's partners were sophisticated business persons, who were clearly put on notice of their former managing partner's alleged mismanagement of a general real estate partnership formed to p

  • Vito v. Inman

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard A. Hull, Macon, for Vito. James T. McDonald Jr. and James C. Fox II Swift, Currie, McGhee & Hiers LLP, Atlanta, for Inman.
    for defendant:

    Case Number: A07A0161; A07A0162

    A list of a podiatrist's patients was not a trade secret within the meaning of the Georgia Trade Secret

  • Allen v. State

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Wesley C. Ross District Attorney's Office, Lawrenceville, for appellee.

    Case Number: A07A0809

    The defendant did not abandon his criminal purpose with regard to the attempted rape when he discovered that the assault victim was menstruating, since the defendant choose instead to have the victi

  • The Cincinnati Ins. Co. v. Magnolia Estates Inc.

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert S. Carpenter Nall & Miller LLP, Atlanta, for appellant.
    for defendant: William D. Healan Jr. William D. Healan III Healan Law Offices, Winder, J. Edward Allen Jr. and Jeffrey W. DeLoach Fortson, Bentley & Griffin PA, Athens, for appellees. Other party representation: Michael G. Kam, Brian D. Lewis and Emily C. Gross Kam & Ebersbach PC, Newnan.

    Case Number: A07A0103

    A resident in a personal care home's intentional attack of another resident was an accident for the purposes of an insurance policy's coverage, since the insured did not foresee, expect or desi

  • 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