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  • Kaiser v. State

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Alan B. Kaiser, Washington, proceeded pro se. William K. Wynne Jr., District Attorney, Monroe, for appellee.
    for defendant:
    Case Number: A06A1767

    A defendant, whose sentence in void, is entitled to withdraw his plea up until the time of re-sentencing, because a void sentence acts as if no sentence has been entered a

  • In re: Adoption of D. J. M. F.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Irene A. Steffas, Marietta, and Jerrold W. Hester Hester & Assocs., Norcross, for appellant.
    for defendant: James B. Outman Claiborne, Outman & Surmay PC, Atlanta, for appellee.
    Case Number: A06A1936

    The Honduran child's immigration status was irrelevant to his aunt and uncle's petition to adopt him, since a child does not have to be a U. S. citizen to qualify for adoption under Georgi

  • In the Interest of D. B.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Eric A. Ballinger, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Susan K. Treadaway, Assistant District Attorney, Canton, for appellee.
    Case Number: A07A0199

    The juvenile's conviction for unruly child in violation of O.C.G.A. § 15-11-2 could not state, because the state failed to show that the juvenile deserted his place of abode i.e. that he left home

  • In the Interest of K. M.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James K. Luttrell, Woodstock, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Dana M. Thompson, Canton, for appellee. Other party representation: James E. Drane III and Gregory T. Douds Flint & Connolly, LLP, Canton.
    Case Number: A07A0139

    The mother moved 12 times in three years, did not visit her children for 14 months, had no phone or transportation, failed to pay child support, did not undergo required substance abuse assessment a

  • Walter R. Thomas Assocs. Inc. v. Media Dynamite Inc.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mari Myer Friend, Hudak & Harris LLP, Atlanta, for appellant.
    for defendant: Thomas V. Keough Simpson Law Office, Atlanta, for appellee.
    Case Number: A06A1792

    The trial court erred in considering an unsupported $288 fee charged to the defendant under the parties' oral contract for the plaintiff to purchase advertising time from several television networks

  • Davidson v. State

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, and Kimberly K. Frye, Assistant Solicitor, Marietta, for appellee.
    Case Number: A06A1759

    The deputy sheriff's statements at the defendant's first DUI trial were not inconsistent with his testimony at the second trial, since the state did not pose the same ques

  • In the Interest of D. T.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: S. Morgan Robinson S. Morgan Robinson PC, and Jean M. Kutner Kutner & Bloom, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Hope M. Pereira, Woodstock, for appellee. Other party representation: Scott R. King Slater & King, Atlanta.
    Case Number: A06A1815

    Evidence that the mother could not control her 15-year-old child to the extent necessary for his mental, physical or emotional health and has called the police on him 44 times in 16 month period, su

  • Aderhold v. Lowe's Home Ctrs. Inc.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: F. Mayes Davison Davison & Davison, Royston, for appellant.
    for defendant: Kenneth M. Barre Swift, Currie, McGhee & Heirs and John M. Hamrick Holland & Knight LLP, Atlanta, for appellee.
    Case Number: A06A2081

    Res ipsa loquitur did not apply to the defendant's injury

  • Huffman v. Armenia

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Neil L. Wilkinson and Paul T. Wright Wilkinson & Wright, Atlanta, for Huffman. Jeffrey D. Horst and Michael J. Jacobs Krevolin & Horst LLC, Atlanta, for Armenia and others. James T. McDonald Jr. and James D. Johnson Swift, Currie, McGhee & Hiers LLP, Atlanta for Wilkinson. Other party representation: Martha A. Miller Martha A. Miller PC, Thurbert E. Baker, Attorney General, John B. Ballard Jr., Oscar B. Fears III, Assistant Attorneys General, Ronald K. Woods, Atlanta, Fred D. Bentley Jr., Stuart L. Sims Bentley, Bentley & Bentley, Carlton L. Kell Brock, Clay, Calhoun, Wilson & Rogers PC, and Albert E. Jones, Marietta.
    for defendant:
    Case Number: A06A2105; A06A2106; A07A0616

    The defendant was not in contempt of a TRO restraining him from' "misappropriating, converting, transferring, or otherwise using or depleting" ' company's assets when he filed a pro se bankruptcy p

  • Murray v. Georgia Dept. of Transp.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Peter F. Boyce, Catherine M. Packwood Peter F. Boyce PC, Duluth, David F. Walbert and Thomas D. Trask Parks, Chesin, Walbert & Miller PC, Atlanta, for Murray and others. Michael A. O'Quinn O'Quinn & Cronin, McDonough, for Manning and others. Scott W. Kelly Fulcher Hagler LLP, Augusta, for CSX Transportation Inc. Thurbert E. Baker, Attorney General and Robert C. Edwards, Assistant Attorney General, Atlanta, for the Georgia Depart. of Transp.
    for defendant:
    Case Number: A06A1655; A06A1656

    The county DOT is entitled to immunity from the plaintiffs' claims that its failure to act more quickly in installing an state DOT-approved traffic signal at an intersection proximately caused a fa