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  • In the Interest of D.Q. and J.Q.

    Publication Date: 2010-12-17
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James K. Luttrell, Canton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Atlanta, and Andrea R. Moldovan, Special Assistant Attorney General, Douglasville, for appellee. Other party representation: Victoria S. Ward Bryan P. Hilton PC, Nathan E. Jackson and Carolyn J. Altman, Douglasville.
    Case Number: A10A1336

    Deprivation judgment affirmed based on testimony that children were not receiving adequate support for their mental health issues; their uncontrolled behavior related to these issues negatively affe

  • Wright v. Safari Club Int'l

    Publication Date: 2010-12-17
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael D. Barber, Dunwoody, for appellant.
    for defendant: Henry Chalmers and Christopher K. Withers Arnall Golden Gregory LLP, Atlanta, for appellee.
    Case Number: A10A1379

    Remanded for trial court to allow defendant to serve indispensible party, after which party could challenge trial court's exercise of personal jurisdiction if it wished, because defendant did not sa

  • Turnage v. Kasper

    Publication Date: 2010-12-17
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: John D. Wales, Atlanta, for appellant.
    for defendant: . Melinda D. Taylor Spruell, Taylor & Assocs. PC, Marietta, and Sharon T. McCoy The McCoy Law Firm LLC, Cartersville, for appellee.
    Case Number: A10A1598

    Jury erred in finding first defendant liable for slanderous remarks of second defendant because first defendant was not present when second defendant made the slanderous remarks, and evidence did no

  • Kesterson v. Jarrett

    Publication Date: 2010-12-17
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Charles A. Mathis Jr. The Mathis Law Firm and David F. Walbert Parks, Chesin, Walbert & Miller PC, Atlanta, for appellant.
    for defendant: . Weymon H. Forrester Forrester & Brim, Gainesville, Thomas S. Carlock, Eric J. Frisch Carlock, Copeland, Semler & Stair, Atlanta, and Andrew H. Marshall, Athens, for appellees.
    Case Number: A10A1452

    The trial court harmlessly erred in not making an explicit finding that there was a substantial likelihood that the injured child's presence it the courtroom would cause the jury to be biased toward

  • Rainly v. State

    Publication Date: 2010-12-17
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jessica R. Towne Clark & Towne PC, Lawrenceville, for Rainly. Edwin J. Wilson, Snellville, for Everette. Deborah R. Fluker, Lawrenceville, for Robinson. Daniel J. Porter, District Attorney, and Jimmie E. Baggett Jr., Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A10A1257; A10A1258; A10A1259

    In consolidated appeals arising from an armed robbery of a video store, the Court of Appeals reversed a conviction for theft by receiving stolen property, because evidence that defendant bought the

  • Rucker v. Columbia Nat'l Ins. Co.

    Publication Date: 2010-12-17
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Neil W. Putnam, Hapeville, for Rucker; Lisa K. Whitfield Hicks, Casey & Foster PC, Marietta, for Columbia. Teddy L. Southerland and Matthew P. Lazarus Goldner, Sommers, Scrudder & Bass, Atlanta, for American Home.
    for defendant:
    Case Number: A10A0935; A10A0936

    Insurance company had no duty to defend or indemnify insured contractor because fact that contractor's trainee, on whom contractor intentionally failed to obtain a background check, killed customer

  • State v. Ramirez-Herrara

    Publication Date: 2010-12-10
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Gwendolyn K. Fleming, District Attorney, Michael S. Carlson, Assistant District Attorney, Decatur, and John E. Floyd Bondurant, Mixson & Elmore, Atlanta, for appellant.
    for defendant: Ingrid J. McGaughey Public Defender's Office and Gerard B. Kleinrock, Decatur, for appellee.
    Case Number: A10A0982

    The trial court erred in granting a general demurrer based on the sufficiency of the evidence, because in considering a general demurrer, it is the legal sufficiency of the pleading, not the evidenc

  • Deutsche Bank Nat'l Trust Co. v. JP Morgan Chase Bank N.A.

    Publication Date: 2010-12-10
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John R. Grimes Lefkoff, Duncan, Grimes, Miller & McSwain PC, Atlanta, for appellant.
    for defendant: Edward D. Burch Jr. Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A10A1509

    In an action arising from the parties' competing foreclosure sales, the appellee bank was entitled to protection as a good faith purchaser of foreclosed property based on a notarized, recorded warra

  • Hopson v. State

    Publication Date: 2010-12-10
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Elizabeth A. Baker, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A10A1349

    The fact that the prosecutor believed one witness over another in the face of conflicting testimony did not warrant a new trial on the ground of prosecutorial misco

  • Doctors Hosp. Surgery Ctr. LP v. Webb

    Publication Date: 2010-12-10
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Brian K. Mathis Insley & Race LLC, John P. Mittelbach and Michael S. French Wargo & French LLP, Atlanta, for appellant.
    for defendant: Stanley G. Jackson and Douglas M. Nelson, Augusta, for appellees. Other party representation: Victor Hawk, Augusta.
    Case Number: A10A1317

    Trial court abused its discretion in granting certification based on claims for injunctive relief in the form of continued medical monitoring for patients and spouses because certification under O.C