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  • Blackmon v. Tenet Healthsystem Spalding Inc.

    Publication Date: 2007-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thomas D. Trask and David F. Walbert Parks, Chesin, Walbert & Miller PC, Atlanta, for Blackmon. Thomas S. Carlock and Eric J. Frisch Carlock, Copeland, Semler & Stair, Atlanta, for Webb and others. Kevin P. Race and Brian K. Mathis Insley & Race LLC, for Tenet Heathsystem.
    for defendant:
    Case Number: A07A1840; A07A2284; A07A2283

    The decedent's mother lacked standing to bring a wrongful death action in state court where the decedent's spouse survive

  • In the Interest of D. O. R.

    Publication Date: 2007-10-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jason R. Clark Clark & Williams PC, and Dorothy R. Avera, Brunswick, for the mother. John P. Rivers, Brunswick, for the father. Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and James A. Chamberlin Jr., Brunswick, for appellee. Other party representation: Donald C. Gibson, Brunswick.
    for defendant:
    Case Number: A07A1198; A07A1199.

    Evidence that neither parent completed their reunification case plan goals or completed requested drug screening supported the termination of their parental r

  • Hayles v. State

    Publication Date: 2007-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Thomas S. Robinson III Robinson & Assocs., Snellville, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A07A1341

    The defendant was not entitled to a jury charge on O.C.G.A. § 16-5-92-providing that ' "persons or employees of such persons lawfully engaged in bona fide business activity or lawfully engaged in th

  • Blocker v. Wal-Mart Stores Inc.

    Publication Date: 2007-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thomas A. Nash Jr., Savannah, for appellant.
    for defendant: Brenda K. Katz and Kelly J. Shepherd Drew, Eckl & Farnham LLP, Brunswick, for appellee.
    Case Number: A07A1855

    The defendant did not show, as matter of law, that it lacked constructive knowledge of the grape upon which the plaintiff slipped and fell, since the defendant failed to present evidence showing tha

  • Atlantic Title Ins. Co. v. Aegis Funding Corp.

    Publication Date: 2007-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Aaron P. Tady Smith, Gambrell & Russell LLP, Atlanta, for appellant.
    for defendant: Monica K. Gilroy Dickenson Gilroy LLC, Alpharetta, John P. O'Brien, Lisa A. Frank Thompson, O'Brien, Kemp & Nasuti PC, Norcross, Mark A. Kelley and Stephen V. Kern Kitchens Kelley Gaines PC, Atlanta, for appellees.
    Case Number: A07A1455

    The title insurance policies in question were intended to guard against defects in title, the policies required the insurer to pay or otherwise cure title problems in the event of such defects, defe

  • Finch v. State

    Publication Date: 2007-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Reed Edmondson Jr., Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie B. McCrorey, Assistant District Attorney, Covington, for appellee.
    Case Number: A07A0925

    The record belied defendant's contention that he was denied his right to te

  • Calloway v. State

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Thomas J. Ludlam, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A07A1160

    Similar transaction evidence that the defendant had previously molested the victim's half-sister and her mother were admissible to show a specific course of conduct and a particular pattern of beha

  • Manley v. State

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: McNeill Stokes, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Daniel J. Quinn and Jeanne M. Canavan, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A07A1048

    The trial court was not required to comply with Uniform Superior Court Rule 33.10, since the defendant's was a non-negotiated

  • Hurley v. State

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles E. W. Barrow Public Defender's Office, Monroe, and Leigh S. Schrope Georgia Public Defenders Standards Council, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Candace K. Slezak, Assistant District Attorney, Monroe, for appellee.
    Case Number: A07A1370

    The arresting officer had authority to search the defendant's vehicle incident to her arrest for driving with a suspended li

  • In the Interest of S. M. W.

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Phillip Jackson, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Jason S. Naunas, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A07A0850

    The father substantially complied with his case plan goals by receiving a substance abuse assessment, regularly participating in a drug a ohol treatment programming, testing negative for drugs