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  • In the Interest of R. M.

    Publication Date: 2005-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: William A. Matos, Austell, for appellant.
    for defendant: in A05A1193. Renate D. Moody, Macon, for appellant in A05A1194. Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Andrew S. Foster, Macon, for appellee.
    Case Number: A05A1193; A05A1194

    Clear and convincing evidence supported a finding that two surviving children were deprived in a case involving a father with a history of active TB, a mother with latent TB and a 10-month-old infa

  • Johnson v. State

    Publication Date: 2005-12-09
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Drew Findling and Cris E. Schneider The Findling Law Firm, Atlanta, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and Billy J. Dixon, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A05A1491

    The defendant confessed that he was the masked gunman who accosted two employees, forced them into a business office and robbed a movie th

  • Brown v. Dorsey

    Publication Date: 2005-12-09
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Steven K. Leibel, George P. Shingler and Guy H. Weiss Casey, Gilson & Leibel PC, Atlanta, for appellant.
    for defendant: . William J. Linkous III, Chief Assistant County Attorney, Melanie F. Wilson, Sam L. Brannen Jr., Assistant County Attorneys, Decatur and Viviane H. Ernstes, Atlanta. Other party representation: E. Duane Jones Duane Jones & Assocs., Decatur, and Brian Steel The Steel Law Firm PC, Atlanta.
    Case Number: A05A1129

    DeKalb county was not liable under 42 USC § 1983 for the murder of DeKalb county Sheriff-elect Derwin Brown by former county deputies at the direction of former Sheriff Sidney D

  • In the Interest of M. F.

    Publication Date: 2005-12-09
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Robert L. Mack Jr., Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Mary E. Evans-Battle, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A1213

    The evidence supported a finding that the juvenile committed aggravated assault when he pointed a gun at a police officer, who was working as security staff for a movie th

  • Tiismann v. Linda Martin Homes Corp.

    Publication Date: 2005-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Vaughn W. Fisher Jr., Kimberly K. Perez Weizenecker, Rose, Mottern & Fisher PC, and Frank G. Goldman Womble, Carlyle, Sandridge & Rice PLLC, Atlanta, for appellant.
    for defendant: Michael A. Kessler, Cumming, for appellee. Other party representation: Sidney R. Barrett Jr., Senior Assistant District Attorney, and Samantha M. Rein McKenna, Long & Aldridge LLP, Atlanta.
    Case Number: A04A0662

    The plaintiff's claim against the defendant under the Fair Business Practices Act based on contractual language in the parties' new home sales contract did not accrue until the defendant conveyed hi

  • Gropper v. STO Corp.

    Publication Date: 2005-12-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael J. Gorby, Mary D. Peters, Barry C. Edwards and Adam H. Long Gorby, Reeves & Peters PC, Atlanta, for appellant.
    for defendant: . Jonathan B. Mason, John A. Thomson Jr. Womble, Carlyle, Sandridge & Rice, John C. Amabile Pursley, Lowery & Meeks, Stephen M. Schatz, Melissa K. Kahren and Kenneth M. Barre Swift, Currie, McGhee & Heirs, Atlanta, for appellees. Other party representation: Charles J. Cole Owen, Gleaton, Egan, Jones & Sweeney LLP, Donald J. Ellis Ellis, Funk, Goldberg, Labovitz & Dokson PC, Michael J. Rust, James T. Brieske Gray, Rust, St. Amand, Moffett & Brieske, Kent T. Stair, Charles E. Rogers, Cheryl H. Shaw Carlock, Copeland, Semler & Stair, Wayne Grant, Atlanta, and Terrence A. Shannon, Porterdale.
    Case Number: A05A1012

    The Court affirmed the dismissal of the plaintiffs' suit arising out of the use of synthetic stucco in the construction of their home as a sanction for the plaintiffs' repeated and wilful failure to

  • Sewell v. Trib Publications Inc.

    Publication Date: 2005-12-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: K. Prabhaker Reddy Reddy & Silvis LLC, Atlanta, for appellant.
    for defendant: Tyron C. Elliot, Manchester, for appellees.
    Case Number: A05A2077

    An assistant professor who allegedly made certain negative statements in class about America's military involvement in Iraq is not a limited-purpose public figure who must show malice before recover

  • Mathis v. State

    Publication Date: 2005-12-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Gregory R. Barton, Solicitor, Douglasville, for appellee.
    Case Number: A05A1271

    The prosecutor's improper comments during closing argument were not made for the purpose of subverting the DUI defendant's protection of double jeo

  • Groover v. Johnston

    Publication Date: 2005-12-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert K. Finnell, Rome and Michael B. Terry Bondurant, Mixson & Elmore, Atlanta, for appellant.
    for defendant: . Robert L. Berry Jr. and Stephen B. Moseley Brinson, Askew, Berry, Seigler, Richardson & Davis, Rome, for appellees. Other party representation: William Q. Bird and John G. Mabrey Bird & Mabrey PC, Atlanta.
    Case Number: A05A1096

    An anesthesiologist committed negligence per se by allowing nurses who did not have advanced skills or training to administer narcotics to patients without consulting with a physician prior to admin

  • Mathis v. State

    Publication Date: 2005-11-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    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: A05A2150

    The trial court's proper comments and direction of defense counsel during the defendant's trial did not violate O.C.G.A. § 17