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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

Davis v. State

Publication Date: 2007-07-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Kennoris Davis, Sparta, proceeded pro se. Paul L. Howard Jr., District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
for defendant:
Case Number: A07A0805

In the Interest of R. L. J.

Publication Date: 2007-07-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Jon C. Rhoades, LaGrange, and Jerry F. Pittman Public Defender's Office, Carrollton, for appellant.
for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Jason S. Naunas, Assistant Attorney General, Atlanta, and Linda B. Taylor Daniel, Hadden & Alford, Newnan, for appellee.
Case Number: A07A0140

The juvenile court did not err in proceeding with the termination hearing in the mother's and her counsel's absence, since, the mother fired her fourth attorney approximately one week before the hea

State v. Stewart

Publication Date: 2007-07-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Carmen D. Smith, Solicitor General, Oliver E. Murray and R. Leon Benham, Assistant Solicitors General, Atlanta, for appellant.
for defendant: Monte K. Davis, Roswell, for appellee.
Case Number: A07A0232

Drivers are entitled to be advised of their rights under the implied consent law; however, the law does not require the arresting officer to ensure that the driver understands the implied consent n