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  • Blaney v. O'Heron

    Publication Date: 2003-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Albert M. Pearson III and Nicholas C. Moraitakis Moraitakis, Kushel, Pearson & Gardner LLP, Atlanta, for appellant.
    for defendant: . Hunter S. Allen Jr. and Kara A. Hicks Allen & Weathington PC, Atlanta, for appellees.
    Case Number: A02A0698

    The Court of Appeals adopted the Supreme Court's judgment that O.C.G.A. § 19-7-5 provides immunity for those who have reasonable cause to report suspected child abuse and for those who make such a r

  • McCaskill v. Carillo

    Publication Date: 2003-10-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Francis C. Shenck Hartford Ins., Atlanta, for appellant.
    for defendant: Samuel S. Olens Ezor & Olens PC, Kenneth A. David, Michael R. Martin Swift, Currie, McGhee & Hiers LLP, and William H. Buckley, Atlanta, for appellee.
    Case Number: A03A1261

    The plaintiff failed to show that the def assumed any contractual duty to protect or warn employees of difference in height between a bare concrete floor and 3/8-inch thick carpet that the de

  • Allen v. State

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven E. Fanning Fanning & Hudson, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Charles P. Boring, Assistant District Attorney, Newnan, for appellee.
    Case Number: A03A1142

    Defendant forfeited his right to open and close arguments when his counsel read the victim's handwritten during cross-examination of the detective who found a Mother's Day card containing the

  • In the Interest of M. M.

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: T. Rabb Wilkerson III, Warner Robins, for appellant.
    for defendant: in A03A1174. Lisa J. Allen, APO, AE, for appellant in A03A1175. Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Walter G. Sammons Jr., Warner Robins, for appellee. Other party representation: Jon A. Nixon, Warner Robins.
    Case Number: A03A1174; A03A1175

    The evidence did not support termination of the mother and father's parental rights where there was no evidence of continuing domestic abuse and both parents cooperated with DFACS, maintained stable

  • Garrett v. State

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Elizabeth H. Eason, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, and Mickey R. Thacker, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A03A2043

    Defendant's improper conviction for possession of crime tools was harmless where that conviction merged with his armed robbery conviction for sentencing pur

  • Sutton v. State

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Donald B. Lowe III, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Jon Hope, Assistant District Attorney, Savannah, for appellee.
    Case Number: A03A1158

    Given the charge as a whole, the trial court's slip-of-the-tongue during instructions could not have confused or misled the

  • Simpson v. State

    Publication Date: 2003-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Dwayne Simpson, Bainbridge, proceeded pro se. Richard E. Currie, District Attorney, Waycross, and Allen R. Knox, Assistant District Attorney, Douglas, for appellee.
    for defendant:
    Case Number: A03A1389

    The defendant was not entitled to an out-of-time appeal because the issues he sought to raise could not be resolved by reference to facts contained in the

  • City of Atlanta v. Yusen Air & Sea Serv. Holdings Inc.

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James M. Hunter, Jason P. Wright, Cheryl A. Barnes and Laurie W. Daniel Holland & Knight LLP, Atlanta, for appellant.
    for defendant: John M. Harris Jr. and Kirby A. Glaze Glaze, Glaze, Harris & Arnold PC, Jonesboro, for appellees.
    Case Number: A03A1230

    The city of Atlanta's declaration of taking violated O.C.G.A. § 32-3-6, because the authorizing ordinance allowed the City Attorney to choose between two alternative taking me

  • Singleton d/b/a Singleton Constr. Co. v. State of Ga., Dep't of Human Resources

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: James B. Blackburn Jr. Wiseman, Blackburn & Futrell, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Michael C. Taylor Office of District Attorney, Child Support Enforcement, Savannah, Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, and Nina J. Edidin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A03A1546

    O.C.G.A. § 19-6-30 et seq. provides for service of notice upon payor by regular mail and notice is deemed to be perfected upon mailing so defendant had sufficient notice, even though his wife signed

  • Walker v. State

    Publication Date: 2003-09-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jack E. Harrell Jr. Clarke & Towne PC, Lawrenceville, for appellant.
    for defendant: Gerald N. Blaney Jr., Solicitor, and Jason R. Samuels Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A03A1961

    The numeric accuracy of the air flow resulting in an insufficient breath sample was not relevant to the defendant's alleged refusal to take the breath