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  • Peacock v. Spivey

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William F. Rucker, Decatur, for appellant.
    for defendant: Theresa K. Read LaMalva, Read & Oeland, Conyers, Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, John E. Hennelly, James D. Coots, Cynthia A. Presto, Assistant Attorneys General, Atlanta, and Brandon A. Oren Jones, Cork & Miller, Macon, for appellees.
    Case Number: A05A1823

    The trial court properly dismissed the plaintiff's suit alleging that asphalt company employees spilled diesel fuel, causing damage and contamination to his property, since the plaintiff agreed to v

  • Simon Property Group Inc. v. Benson

    Publication Date: 2006-04-07
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Rebecca M. Lamberth, John L. Coalson Jr., Colin K. Kelly and Jay D. Bennett Alston & Bird, 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 Nation, Toman, Nutter & McKnight LLP, Atlanta, for appellees.
    Case Number: A05A2256

    The gift cards and certificates in question cannot be deemed abandoned under the Disposition of Unclaimed Property Act, since the defendant issued them less than five years prior the plaintiffs'

  • Hambrick v. State

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Drew Findling, Cris E. Schneider The Findling Law Firm, and Elizabeth G. Rankin, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A1596

    The victim told multiple healthcare professionals, a rape counselor and her mother that the defendant beat and raped her prior to recanting her story at

  • Buruca v. State

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0061

    The evidence supported a finding that the defendant was the "getaway" driver, and, thus, a party to the c

  • In the Interest of R. T.

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: George T. Jackson Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Gregory M. McConnell, Assistant District Attorney, Savannah, for appellee.
    Case Number: A05A1584

    The juvenile court did not abuse its discretion in transferring the now 28-year-old appellant's prosecution for alleged child molestation and aggravated child molestation he committed 12 years ago t

  • State v. K. L. M.

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William K. Wynne Jr., District Attorney, Covington, and Vanessa C. Webber, Assistant District Attorney, Monroe, for appellant.
    for defendant: Gina M. Grady Public Defender's Office, Monroe, for appellee.
    Case Number: A06A0296

    Schoolhouse searches by public primary or secondary school officials will pass constitutional muster, only if the searches are conducted "entirely without the participation of law enforcement offi

  • Brock v. King

    Publication Date: 2006-03-31
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Taylor W. Jones, Jenny E. Jensen and Richard E. Harris Taylor W. Jones & Assocs., Atlanta, for appellant.
    for defendant: John G. Parker and William K. Whitner Paul, Hastings, Janofsky & Walker LLP, Atlanta, for appellees.
    Case Number: A06A0270

    The trial court erred in failing to give the plaintiff's requested jury charge on nominal da and in using a verdict form that specified actual da but not nominal da

  • Valdosta Hotel Properties LLC v. White

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven J. Misner Misner, Scott & Martin, Atlanta, for appellant.
    for defendant: Tommy C. Mann Mann & Mann, and Charles M. Cork III Gambrell & Stolz LLC, Macon, for appellee.
    Case Number: A05A1661

    The appellee was not entitled to rely on the renewal statute to maintain a personal injury action against appellant, since she failed to make appellant a party to her original action prior to volunt

  • Taylor v. State

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Herbert P. Schlanger, Atlanta, for appellant.
    for defendant: Berry E. Morgan, Solicitor General, and Katherine L. Griffiths, Assistant Solicitor, Marietta, for appellee.
    Case Number: A06A0126

    The trial court's error in denying the DUI defendant's written request for a jury charge on circumstantial evidence tracking the language of O.C.G.A. § 24-4-6 was not harmless and requires rev

  • Scott v. State

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Akil K. Secret, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, James E. Barker and Christopher R. Johnson, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A06A0027

    The defendant used his father's social security number to obtain a $18,710.90 check from an internet finance company, which he used to buy a used vehicle from a car deale