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  • In the Interest of A. M. A.

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William A. Adams Jr., Thomaston, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and John R. Mallory, Thomaston, for appellee. Other party representation: Alonzo J. Bentley Jr., Thomaston.
    Case Number: A04A2162

    The juvenile court improperly delegated its duty to inquire about the mother's indigence when it adopted indigent counsel's finding that the mother was not indigent, without considering any evidence

  • City of Atlanta v. Clayton County Bd. of Tax Assessors

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edward K. Smith Smith, Gambrell & Russell, Atlanta, for appellant.
    for defendant: Brian R. Dempsey, Lovejoy, and Jack R. Hancock, Forest Park, for appellee.
    Case Number: A04A0925

    A parcel of land at Hartsfield-Jackson International Airport, which the city of Atlanta leased to the United States Postal Service for mail sorting, was not exempt from Clayton county ad valorem tax

  • Glisson v. Rooms to Go

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: R. Krannert Riddle Callaway, Braun, Riddle & Hughes PC, Savannah, for appellant.
    for defendant: Robert K. Kardeman, Alpharetta, for appellees.
    Case Number: A04A0977

    The employee sustained an economic i when she used her accrued sick and vacation leave for the period of time she lost from work due to her work-related i

  • Robert E. Canty Bldg. Contractors Inc. v. Garrett Machine & Construction Inc.

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Walter W. Ballew III, Savannah, for appellant.
    for defendant: William K. McGowan Franklin, Taulbee, Rushing, Bunce & Brogdon, Statesboro, for appellee.
    Case Number: A05A0209

    The proper measure of damages in a suit for breach of a construction contract is the cost to the plaintiff to correct the defects in workma

  • In the Interest of S. J.

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David P. Smith, Smyrna, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Shalen S. Nelson, Senior Assistant Attorneys General, Laura W. Hyman, Assistant Attorney General, Atlanta, and Betty R. Blass Edwards, Friedwald & Grayson, Marietta, for appellee.
    Case Number: A04A0836

    The evidence did not support the juvenile court's deprivation

  • Webb v. State

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John T. Strauss, Walton County Pub. Defender, Monroe, for Webb. William K. Wynne Jr., District Attorney, and Jeffrey L. Foster, Chief Assistant District Attorney, Covington, for the state.
    for defendant:
    Case Number: A04A0860; A04A0861

    The defendant was not entitled to the lessor of two punishments under the rule of lenity, because his convictions for child molestation and sexual battery were both fel

  • In the Interest of M. K. H.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Donald C. Gibson, John P. Rivers, Brunswick, for appellant.
    for defendant: Thurbert E. Baker, Attorney General Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and James A. Chamberlin Jr., Brunswick, for appellee. Other party representation: Dorothy R. Avera, Brunswick.
    Case Number: A04A2093

    The mother refused to financially support her children, tested negative at only one of 22 scheduled drug screens, was habitually late to visitations and failed to receive treatment for her mental di

  • Williams v. State

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Paul K. Cook, Vidalia, for appellant.
    for defendant: William S. Askew, District Attorney, and Samuel H. Altman, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A04A1730

    The defendant waived his Fourth Amendment objection to the admissibility of his custodial state

  • In the Interest of H. Y.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Ralph F. Forsythe, Cedartown, for appellant.
    for defendant: Thurbert E. Baker, Attorney General Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Billie J. Crane Mundy & Gammage PC, Cedartown, for appellee. Other party representation: Richard J. Lundy Parker & Lundy, Cedartown.
    Case Number: A04A2245

    The evidence clearly established that the mother's actions and omissions, both before and after the children were placed in DFACS care, constituted neglect and that the children's deprivation was li

  • Georgia Dept. of Revenue v. Georgia Chemistry Council Inc.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Daniel M. Formby, Deputy Attorney General, Warren R. Calvert, Senior Assistant Attorney General, and Lesley C. Berggren, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Edward K. Smith Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A04A1602

    Department of Revenue Rule 560-7-8-.42 2 correctly reflects the plain language of O.C.G.A. § 48-7-40.12 and requires a business enterprise to have positive Georgia taxable net income for each of the