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  • Cleaveland v. Gannon

    Publication Date: 2007-12-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Rolfe M. Martin Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for Cleaveland. Charles M. Cork III, Macon and Preyesh K. Maniklal Maniklal & Dennis LLP, Duluth, for Gannon and others. Robert R. Gunn II and Richard A. Epps Jr. Martin Snow LLP, Macon, for Entrekin and others.
    for defendant:
    Case Number: A07A0837; A07A0838

    The plaintiff and her husband timely filed their original medical malpractice complaint under the subsequent injury exception to O.C.G.A. § 9-3-71 a's statute of limitation, since they filed it wit

  • Bowe v. State

    Publication Date: 2007-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for Bowe. Robert H. Citronberg, Atlanta, for Baker. Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A07A2448; A07A2449

    The trial court's denial of the first defendant's motion to sever his trial from that of his co-defendant constituted reversible error, since the first defendant had an antagonistic defense and coul

  • Clayton County Ga. v. HealthSouth Holdings Inc.

    Publication Date: 2007-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Brain R. Dempsey and Michelle Y. Terry Hancock, Dempsey& Everett LLP0, Forest Park, for Clayton county. Dennis A. Davenport McNally, Fox & Grant PC, Fayetteville, for Fayette county. Edward K. Smith, Atlanta, for HealthSouth.
    for defendant:
    Case Number: A07A0922; A07A1327; A07A1328

    An assignee of the taxpayer may not claim a tax refund under OCGA § 48-

  • Dodds v. State

    Publication Date: 2007-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James M. Mullis, Valdosta, for appellant. Richard W. Shelton, Solicitor, Valdosta, for appellee.
    for defendant:
    Case Number: A07A2102

    The arresting officer had probable cause to believe that the defendant had violated the underaged DUI per se statute after he stopped the underaged defendant for operating a vehicle with an obscured

  • Ferdinand v. City of East Point

    Publication Date: 2007-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Henry R. Bauer Jr. Bauer & Deitch, Atlanta, for Ferdinand. Edward K. Smith, Atlanta, for city of East Point. Willie J. Lovett Jr. and Overtis H. Brantley County Attorney's Office, for Fulton county.
    for defendant:
    Case Number: A07A1165; A07A1166

    The trial court erred in entering a $2.8M damages award on East P claim that Fulton county and its tax commissioner breached their contract to bill, collect and remit ad valorem taxes on East

  • Duke Galish LLC v. Arnall Golden Gregory LLP

    Publication Date: 2007-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Charlotte K. Perrell and Stephanie M. Wright Perrell & Wright LLC, Atlanta, for appellant.
    for defendant: Terrance C. Sullivan, Robert G. Tanner Weinberg, Wheeler, Hudgins, Gunn & Dial and Karen B. Bragman Arnall, Golden & Gregory LLP, Atlanta, for appellees.
    Case Number: A07A1431

    The plaintiff filed his legal malpractice claim more than four year's after the defendant's alleged b

  • In the Interest of M. K.

    Publication Date: 2007-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Nathan A. Hayes, Norcross, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Wayne E. Grannis Fulton County Juvenile Court and Lytia G. Brown, Atlanta, for appellee.
    Case Number: A07A1430

    The juvenile court failed to determine whether the putative father abandoned his opportunity interest in developing a relationship with the 15-year-old

  • Dudley v. State

    Publication Date: 2007-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Herbert Shafer, Atlanta, and J. Converse Bright, Valdosta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, William T. Sakrison and Daniel J. Quinn, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A07A1575

    The defendant sped off with a black bag containing $21.5K during a controlle

  • Boynton v. State

    Publication Date: 2007-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ricardo G. Samper and Jerry F. Pittman Public Defender's Office, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Andrea A. Newton, District Attorney's Office, Newnan, for appellee.
    Case Number: A07A1128

    The victims' testimony that they were 15 years old when the defendant started committing various sexual offenses against them authorized the jury to find that the offenses occurred before the victim

  • Clayton County Ga. v. HealthSouth Holdings Inc.

    Publication Date: 2007-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Brain R. Dempsey and Michelle Y. Terry Hancock, Dempsey& Everett LLP0, Forest Park, for Clayton county. Dennis A. Davenport McNally, Fox & Grant PC, Fayetteville, for Fayette county. Edward K. Smith, Atlanta, for HealthSouth.
    for defendant:
    Case Number: A07A0922; A07A1327; A07A1328

    An assignee of the taxpayer may not claim a tax refund under OCGA § 48-