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  • Thomas v. State

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Wayne L. Burnaine, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A05A0510

    The defendant's sentence of five years on probation for statutory rape was void, because O.C.G.A. § 16-6-3 b requires a sentence of not less than 10 years for offenders who are 21 years of age or

  • Cash in Advance of Fla. Inc. v. Jolley

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Thomas C. James III and Stephen L. Dillard James, Bates, Pope & Spivey, Macon, for appellant.
    for defendant: . Bruce F. Morriss Morriss, Lober & Dobson LLC, Sidney L. Moore Jr., Sidney L. Moore III, Atlanta, and William G. Dobson Morriss, Lober & Dobson LLC, Macon, for appellee.
    Case Number: A04A2155

    The class action plaintiff could not establish that she will be unable to vindicate her statutory rights to attorneys' fees under the Truth in Lending Act under the terms of the parties' arbitration

  • In the Interest of M. E. M. Jr. and M. E. M. I

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Franklin D. McCrea, Alma, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and John D. Staggs Jr., Waycross, for appellee. Other party representation: Marlo M. Ross, Douglas, W. Grady Pedrick and Gerald L. Burrows, Waycross.
    Case Number: A05A0802

    The mother abandoned her children and left them in the care of her mother and her mother's husband, who was charged with sex c

  • In the Interest of A. K.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Victoria E. Rowan, Douglasville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Andrea R. Moldovan, Douglasville, for appellee. Other party representation: Jerry F. Pittman, Douglasville, Rita F. Cooper, Powder Springs.
    Case Number: A05A0670

    The Court remanded for a further determination regarding a 7-year-old child's placement following the termination of her mother's parental rights, because DFACS did not present sufficient evidence o

  • In the Interest of A. K.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Victoria E. Rowan, Douglasville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Andrea R. Moldovan, Douglasville, for appellee. Other party representation: Jerry F. Pittman, Douglasville, Rita F. Cooper, Powder Springs.
    Case Number: A05A0670

    The Court remanded for a further determination regarding a 7-year-old child's placement following the termination of her mother's parental rights, because DFACS did not present sufficient evidence o

  • Infrasource Inc. f/k/a Exelon Infrastructure Servs. Inc. v. Hahn Yalena Corp.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Theodore J. Sawicki, Scott P. Hilson, Regina S. Molden and Leslie M. Mathis Alston & Bird LLP, Atlanta, for Infrasource Inc. R. Randy Edwards and Drew D. Baiter Kilpatrick Stockton LLP, Atlanta, for Hahn Yalena Corp. Other party representation: John C. Herman, Atlanta.
    for defendant:
    Case Number: A04A1896, A04A1959

    There was no actionable claim of fraudulent concealment in a failed acquisition attempt of plaintiff company by defendant, since the alleged fraud occurred during the course of arms' length negotiat

  • Lamb v. T-Shirt City Inc.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: T. Gordon Lamb, Duluth, proceeded pro se. David M. Lilenfeld and William K. Carmichael Stokes, Lazarus & Carmichael LLP, Atlanta, for appellees.
    for defendant:
    Case Number: A04A1717

    The plaintiff's assertion of superior claim of title to money judgment was barred by res judicata, since his assignor could have had the merits of the claim addressed in her previous suit seeking in

  • Albany Bone & Joint Clinic PC v. Philip D. Hajek MD

    Publication Date: 2005-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Charles K. Wainright II and Dawn G. Benson Watson, Spence, Lowe and Chambless LLP, Albany, for appellant.
    for defendant: David B. Folsom, James H. Moore III and Charles E. Peeler Moore, Clarke DuVall & Rodgers PC, Albany, for appellee.
    Case Number: A05A0613

    A medical clinic's bylaws, which entitled all departing shareholders to the book value of their stock, did not constitute a financial "penalty" on shareholders who left the clinic to work for a compe

  • Johnson v. State

    Publication Date: 2005-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Thomas M. West, Atlanta, for appellant.
    for defendant: Richard G. Milam, District Attorney, and James L. Moss Jr., Assistant District Attorney, Jackson, for appellee.
    Case Number: A04A2357

    The record belied the defendant's contention that the trial court failed to hold a hearing on the state's notice of intent to present evidence of two similar transac

  • Ellzey v. State

    Publication Date: 2005-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James K. Jenkins Maloy & Jenkins, Atlanta, and Walker L. Chandler, Zebulon, for appellant.
    for defendant: William T. McBroom III, District Attorney, Griffin, and Jamie K. Inagawa, Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A04A1795

    Some evidence supported the defendant's entrapment defense to a charge of attempted methamphetamine traffi