• Sunlink Health Sys. Inc. v. Pettigrew

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thomas M. Burke Jr. Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: Douglass K. Farrar Farrar & Hennesy, Douglas, for appellee.

    Case Number: A07A0817

    The plaintiff had equal knowledge of the accumulation of rainwater on the hospital's flat concrete entrance wa

  • Cochran Mill Assocs. v. Stephens

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gus H. Small Jr., Kevin T. O'Sullivan Cohen, Pollock, Merlin, Axelrod & Small PC, and Kelly S. Scarbrough Lord, Bissell & Brook, Atlanta, for appellant.
    for defendant: David W. Davenport and Keith A. Pittman Lamar, Archer & Cofrin LLP, Atlanta, for appellee.

    Case Number: A07A0061

    The plaintiff's partners were sophisticated business persons, who were clearly put on notice of their former managing partner's alleged mismanagement of a general real estate partnership formed to p

  • In the Interest of N. D.

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Samuel J. Gowin William W. Keith III PC, Chatsworth, 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: A07A0026

    The juvenile court erred in sua sponte removing two boys from their mother's custody as part of its ruling on a deprivation petition filed on behalf of the mother's two daughters, since no petition

  • Daiss v. Bennett

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Fred S. Clark Clark and Clark, Savannah, for appellant.
    for defendant: Mathew M. McCoy and Margaret K. Clark McCorkle, Pedigo & Johnson LLP, Savannah, for appellees.

    Case Number: A07A0409

    The law of the case rule barred the appellant's claim that he had a prescriptive right to maintain a garage foundation, which encroached on his neighbors' pro

  • Falanga v. Kirschner & Venker PC

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Robert A. Falanga Falanga & Chalker, Alpharetta, for appellant.
    for defendant: . Thomas J. Venker Kirschner & Venker PC, and James T. McDonald Jr. Swift, Currie, McGhee & Hiers, Atlanta, for appellees.

    Case Number: A07A0142

    The trial court erred in ruling that O.C.G.A. § 9-3-31's 4-year statute of limitation barred appellants' claim with regard to the appellees' alleged fraudulent billing for appellate work on a federa

  • Degussa Wall Sys. Inc. v. Sharp

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Scott M. Stevens Howe & Assocs. PC, Alpharetta, for appellant.
    for defendant: Joseph P. MacNabb Rosenzweig, Jones & MacNabb PC, Newnan, for appellee.

    Case Number: A07A0106

    A third party lacked standing to appeal from the orders dismissing the plaintiff's complaint against the defendant in a suit arising out of the plaintiff's attempt to recover on a guaranty the defen

  • Steinberg v. State

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, and Amy K. Radley Solicitor's Office, Cumming, for appellee.

    Case Number: A07A0312

    The defendant's eventual acquittal of failure to maintain lane was not determinative of whether the traffic stop was l

  • In the Interest of C. T.

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Rodney Q. Quarles, Chatsworth, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Cynthia N. Johnson, Cohutta, for appellee.

    Case Number: A07A0218

    The termination of the mother's parental rights to her four children reversed as the record showed that the mother completed virtually all of her case plan and the shortcomings in meeting othe

  • Carson v. State

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Leslie E. Habachy, Assistant Public Defender, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.

    Case Number: A07A0724

    The defendant failed to show that his trial counsel misrepresented his eligibility for parole and early release when defendant pled guilty to armed robbery, since the record show that counsel infor

  • Rosenfeld v. Rosenfeld

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William G. Leonard Taylor, Busch, Slipakoff & Duma, and David J. Hungeling, Atlanta, for Mary Rosenfeld. Michael Weinstock, John P. Wilson III, John B. Levy Weinstock & Scavo PC, Atlanta, for William Rosenfeld. Other party representation: Walter H. Bush Jr. Schiff Hardin LLP, Atlanta.
    for defendant:

    Case Number: A07A0959; A07A1133

    The doctrine of unclean hands does not apply to a suit for damages for breach of a fiduciary relatio