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  • Dalton Paving & Constr. Inc. v. South Green Constr. of Ga. Inc.

    Publication Date: 2007-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: W. Henry Parkman, Frank D. LoMonte Sutherland, Asbill & Brennan LLP, Atlanta, and James H. Phillips McCamy, Phillips, Tuggle & Fordham, Dalton, for Dalton Paving. William D. Flatt, Bart W. Reed, Erik B. Seeney Hendrick, Phillips, Salzman & Flatt, Brian R. Neary, Melissa C. Patton Webb, Zschunke, Miller & Dikeman LLP and Stanley K. Kreimer Jr., Atlanta, for South Green Construction. Other party representation: Robert T. Strang III and Daniel J. Huff Huff, Powell & Bailey LLC, Atlanta.
    for defendant:
    Case Number: A06A2414; A06A2415

    Res judicata barred the plaintiff's s, because the arbitrator expressly denied the s, which the plaintiff raised in a prior arbitration, and the plaintiff should have asserted the remainin

  • Paul v. Smith, Gambrell & Russell

    Publication Date: 2007-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Frank J. Beltran and Douglas V. Chandler Beltran & Assocs., Atlanta, for Paul. Robert G. Tanner and Shawn D. Scott Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for Smith, Gambrell.
    for defendant:
    Case Number: A06A2135; A06A2136

    Questions of fact remained as to whether the individual plaintiffs understood the ramifications of executing merger documents prepared by the defending law firm without written consent from a minori

  • In the Interest of A. F.

    Publication Date: 2007-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Cassandra M. Ford, Milledgeville, for the father. Carl Santos Cansino, Milledgeville, for the mother. Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Mark J. Cicero, Assistant Attorney General, Atlanta, and Thomas J. O'Donnell, Milledgeville, for appellee. Other party representation: Douglas L. Price, Milledgeville.
    for defendant:
    Case Number: A06A1980; A06A1981

    Termination of the mother's and the father's parental rights reversed, since the clear and convincing evidence did not show that the children's deprivation was likely to continue, where both parents

  • In the Interest of A. B.

    Publication Date: 2007-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Blanton C. Lingold, Milledgeville, for the father. Carl S. Cansino, Milledgeville, for the mother. Thomas J. O'Donnell, Douglas L. Price, Milledgeville, Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Virginia B. Fuller, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: A06A1995; A06A1996

    Despite the juvenile court finding clear and convincing evidence that the father had sexually abused one of his children, the mother continued to trust the father and allowed him back into the

  • Douglas Asphalt Co. v. E.R. Snell Contractor Inc.

    Publication Date: 2006-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Frederick L. Wright II Vaughn, Wright & Boyer LLP, Atlanta, for appellant.
    for defendant: Michael E. Johnson Troutman Sanders, Eric L. Nelson Smith, Currie & Hancock LLP, David H. Flint Schreeder, Wheeler & Flint LLP, David M. Toolan, Atlanta, and Wade H. Coleman Coleman, Talley, Newbern, Kurrie & Preston, Valdosta, for appellees. Other party representation: Alfred A. Malena Jr. Thompson, Slagle & Hanan LLC, Duluth, Matthew R. Clark Troutman Sanders, Thurbert E. Baker, Attorney General, Mary J. Volkert, Assistant Attorney General, and Sheldon K. Fram, Atlanta.
    Case Number: A06A1392

    The trial court did not err in permanently enjoining the disclosure of unredacted copies of certain documents containing asphalt design mix formulas under the Open Records Act, because evidence show

  • Collier v. State

    Publication Date: 2006-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Larry D. Wolfe, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Assistant District Attorney, Decatur, and Tammi S. Fuller District Attorney's Office, Atlanta, for appellee.
    Case Number: A06A1319

    The officer's approach of the defendant's car, where it was stopped in a driveway, constituted a first-tier encounter, so the trial court did not err in denying the defendant's motion to suppress th

  • Biddy v. City of Cartersville

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert P. Hoyt Deming & Hoyt PC, Cumming, for appellant.
    for defendant: Charles E. Johnson III Shivers & Assocs., Alpharetta, and Edward K. Lovell David G. Archer PC, Cartersville, for appellee.
    Case Number: A06A1876

    The defendant city was entitled to summary judgment because the plaintiff failed to establish that the city owned or operated the truck that sprayed her with an unknown substance and allegedly cause

  • Anthony v. State

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1694

    The trial court did not violate O.C.G.A. § 17-8-57 in characterizing the defendant's testimony as evasive and instructing him to give direct responses on cross-examin

  • Weil v. Paseka

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Marion T. Pope Jr. Hasty, Pope & Ball, Canton, and Jonathan J. Tuggle Warner, Mayoue, Bates & Nolen PC, Atlanta, for appellant.
    for defendant: Elizabeth G. Lindsey Davis, Matthews & Quigley, and Rebecca L. Crumrine Carter & Ansley LLP, Atlanta, for appellee.
    Case Number: A06A1273

    The trial court erred in failing to note on the record whether the additional support obligations imposed on the mother-the costs involved with court-ordered supervised visitation and the child's he

  • Jackson v. State

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Nigel R. Lush and Leonora Grant, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A06A1978

    The defendant's plea in bar was properly denied because his trial counsel's decision to request a mistrial was not the result of any improper conduct by the