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  • Simon Property Group v. Benson

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Rebecca M. Lamberth, John L. Coalson Jr., Colin K. Kelly, Jay D. Bennett Alston & Bird LLP, Atlanta, and Charles C. Clay, Marietta, for appellant.
    for defendant: . John F. Salter Jr., Roy E. Barnes The Barnes Law Group LLC, Marietta, and Gary J. Toman Nations, Toman, Nutter & McKnight LLP, Atlanta, for appellees.
    Case Number: A05A2256

    The Disposition of Unclaimed Property Act DUPA, OCGA § 44-12-190 et seq., did not apply to the plaintiffs' claims for damages resulting from dormancy fees and expiration dates associated with shoppi

  • Beckom v. State

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Paul S. Liston, Fayetteville, for appellant.
    for defendant: Jamie K. Inagawa, Solicitor General, and Alisha B. Thompson Fayette County Judicial Ctr., Fayetteville, for appellee.
    Case Number: A07A0735

    The defendant's failure to respond to calls made to her home phone and her refusal to respond or slow response to knocking at her front door did not constitute obstru

  • Jones v. State

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Darrell B. Reynolds Sr., Decatur, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and Billy J. Dixon, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A07A0716

    The defendant knew, or should have known, that the vehicle used in the armed robbery was stolen, since he rode in it, while the driver operated it with a screwdriver, and the vehicle was parked in f

  • Doyle v. RST Constr. Specialty Inc.

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mary D. Peters Gordy, Reeves & Peters PC, James D. Summerville and Michael B. Terry Mixson, Bondurant & Elmore LLP, Atlanta, for appellant.
    for defendant: . Joseph C. Parker Downey & Cleveland, Marietta, for appellees.
    Case Number: A07A0607

    Where a 15-ton excavator fell of the defendants' trailer and landed on the plaintiff's car while he was stopped at a light, the trial court erred in failing to give the plaintiff's requested charge

  • Bennett v. State

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Nathanael A. Horsley, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, and Lindsay H. Burton, Assistant District Attorney, Dawsonville, for appellee.
    Case Number: A07A0771

    The officer unreasonably detained the defendant to wait for another officer to bring a written warning book, since the officer was authorized to give the defendant a verbal warning for a purported

  • In the Interest of D. S.

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: T. Rabb Wilkerson III, Warner Robins, for appellant.
    for defendant: Pamela R. Greenway and Sherry H. Campbell, Warner Robins, for appellee.
    Case Number: A07A0304

    Clear and convincing evidence did not support the termination of the mother's and the father's parental rights to their

  • Jones v. State

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert L. Persse, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Gina M. McNabnay, Daphne H. Jarriel, Assistant District Attorneys, Statesboro, and Richard W. Calhoun Brock, Clay, Calhoun, Wilson & Rogers, Marietta.
    Case Number: A07A0154

    Evidence that defendant paid a store clerk $50 to activate a cell phone for him, without obtaining prior credit approval, was insufficient to support his financial identity fraud convi

  • In the Interest of H. S.

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Julie E. Snow Whitehurst, Blackburn, Warren & Kelley, Thomasville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kenneth D. Steele Alston & Bird, Atlanta, Andrew W. Clark, Thomasville, and Bonnie R. Spears, Moultrie, for appellee.
    Case Number: A07A0810

    Clear and convincing evidence did not show that the 9-year-old child's father was

  • Rosenfeld v. Rosenfeld

    Publication Date: 2007-06-29
    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

  • Smith v. State

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Angela Z. Moore-Brown, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Amy H. McChesney, Assistant District Attorney, Marietta, for appellee.
    Case Number: A07A0549

    The trial court did not err in admitting a videotape into evidence, since the state satisfied the necessity requirement of O.C.G.A. § 24