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  • De La Reza v. Osprey Capital LLC

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert J. McCune and John F. Daugherty Greer, Klosik, Daugherty & Swank, Atlanta, for appellant.
    for defendant: . Thomas H. Jefferson Smith, Gambrell & Russell LLP, Atlanta, for appellee.
    Case Number: A07A1744

    Res judicata barred the appellants' double recovery arguments, which they failed to raise in their prior a

  • In the Interest of R. N. H.

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William B. Barnwell Avrett, Ponder & Withrock, and Joshua J. Smith, Dalton, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Bruce A. Kling, Dalton, for appellee. Other party representation: Rodney Q. Quarles, Chatsworth.
    Case Number: A07A1054; A07A1055

    The mother's and father's untreated methamphetamine abuse problems, failure to submit to requested drug screens or obtain substance abuse assessment with follow-up treatment, lack of contact with th

  • Patton v. State

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Diana L. Davis, McDonough, and Leigh S. Schrope Georgia Public Defenders Standards Council, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and John A. Pipkin III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A07A0657

    The untested informant's tip provided probable cause to support an investigatory detention, since the tip predicted some aspects of the defendant's future beh

  • Cuyuch v. State

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Carlton C. Carter, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Samuel K. Barger, Assistant District Attorney, Canton, for appellee.
    Case Number: A07A0782

    Absent a motive to mislead, a translator's statements should be regarded as statements of the witnesses themselves, not double he

  • State v. Rheinlander

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Shawn E. LaGrua, Solicitor General, and Jessica K. Harris, Assistant Solicitor General, Decatur, for appellant.
    for defendant: Marny J. Heit The Chestney-Hawkins Law Firm, Atlanta, for appellee.
    Case Number: A07A0601

    The arresting officer had probable cause to stop the defendant based on the defendant's actions in almost hitting the officer's vehicle and then suddenly changing

  • State v. Venzen

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard W. Shelton, Solicitor, and Sandra K. Guest, Assistant Solicitor General, Valdosta, for appellant.
    for defendant: John D. Holt, Valdosta, for appellee.
    Case Number: A07A0325

    Officers were authorized to enter a residence after the defendant opened the door holding lit marijuana ciga

  • The John Hardy Group Inc. v. Cayo Largo Hotel Assocs.

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jeffrey T. Coleman, John L. Taylor Jr. Chorey, Taylor & Feil, Atlanta, and Jason L. Richey Kirkpatrick, Lockhart, Preston, Gates & Ellis, Pittsburgh, Penn., for appellant.
    for defendant: Constance E. Rodts Mayfield, Commander & Pound LLC, Dana M. Richens, Rachel K. Powell Smith, Gambrell & Russell, Bradley A. Slutsky, Melissa C. Howard King & Spalding, Kevin L. Ward Schulten, Ward & Turner, William S. Mayfield Duane Morris LLP, Nimesh B. Patel, Atlanta, and Paul J. Morochnik Thompson, O'Brien, Kemp & Nasuti, Norcross, for appellees.
    Case Number: A07A0475

    Puerto Rico would be more convenient forum for maintenance of the plaintiff's collection suit arising out of a dispute over the paying of invoices for the development and construction of a resort un

  • Boyt v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James P. Theodocion, Augusta, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Fayetteville, Robert H. English, Assistant District Attorney, Thomaston, and Josh W. Thacker Meriwether County Courthouse, Greenville, for appellee.
    Case Number: A07A0025

    The victim's testimony that the defendant put his fingertips into her vagina supported his aggravated sexual battery convi

  • Moorer v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Alicia C. Gant, Assistant District Attorney, McDonough, for appellee.
    Case Number: A07A0755

    The search of defendant's home was justified as a protective sweep, since it was reasonable for police, who knew there were two armed men involved in the crime, to ascertain if another perpetrator w

  • Lane Supply Inc. v. W. H. Ferguson & Sons Inc.

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Eugene J. Heady Smith, Currie & Hancock, Atlanta, for appellant.
    for defendant: Donald L. Swift III, Thomas T. Tate Andersen, Tate, Mahaffey & McGarity PC, Steven M. Mills and Timothy S. Walls Mills & Moss LLC, Lawrenceville, for appellees.
    Case Number: A07A0701

    The plaintiff's alleged agreement to forebear enforcement of its materialman's lien rights merely gave the plaintiff an equitable lien for the improvements against the property owners, not the defen