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  • 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:
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    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

  • In the Interest of B. W.

    Publication Date: 2007-07-27
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert E. Brooks Jr. and James S. Astin, Cedartown, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant District Attorney, Atlanta, and Billie J. Crane, Cedartown, for appellee. Other party representation: Kimberly D. Puckett, Dallas.
    Case Number: A07A1486; A07A1487

    Evidence that neither parent completed their case plan goals, the mother's refusal to address her drug addiction and the father's refusal to acknowledge his mental health problems supported the term

  • COMCAST Corp. v. Warren

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Tommy T. Holland, John L. McKinley Jr. and John D. Hadden Carter & Ansley, Atlanta, for appellant.
    for defendant: . John F. Daugherty, William L. Swank II and Alina A. Krivitsky Greer, Klosik, Daugherty & Swank PC, Atlanta, for appellee. Other party representation: William D. Strickland Temple, Strickland, Counts & Dinges.
    Case Number: A07A0505

    The allegations of the complaint, which stood admitted as a result of the defendant's default, sufficiently create defendant's liability for punitive damages in any a

  • Perrett v. Sumner

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William G. Hasty Jr., Canton, for appellant.
    for defendant: . John T. Longino, Ellijay, for appellees.
    Case Number: A07A0693

    Res Judicata barred laintiff's negligence action, since the trial court's judgment for the defendant in an earlier litigation was a final adjudication on the merits, even though the court struc