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  • Rigo v. State

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Julian M. Treadaway, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman and Andrew J. Saliba, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A1635

    Defendant's convictions for battery and false imprisonment did not merge as a matter of law or fact since the evidence showed that the defendant bruised his wife's throat by strangling her after he

  • Ouellet v. Tillitski

    Publication Date: 2004-09-17
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Malcolm K. Sullivan and Michael A. Dillon, Forsyth, for appellant.
    for defendant: Michael J. Gorby and Christine A. Carson Gorby, Reeves, Peters & Burns PC, Atlanta, for appellees.
    Case Number: A04A1271

    The defendants were entitled to immunity from all of the plaintiff's claims under the child abuse reporting statute, since the undisputed evidence showed that the defendants had reasonable cause to

  • Carden v. Warren

    Publication Date: 2004-09-10
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Edea M. Caldwell, McDonough, for appellant.
    for defendant: David B. Brown, Jonesboro, and Joseph S. Key Sexton & Morris PC, Stockbridge, for appellee.
    Case Number: A04A1592

    The biological father did not abandon his opportunity interest in his 7-year-old son, to whom he provided continuous financial support and attempted to contact both socially and through gifts and

  • Gearin v. State

    Publication Date: 2004-09-10
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lloyd J. Matthews, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A0968

    Cole v. State, 262 Ga. App. 856 2003, is overruled to the extent it states that O.C.G.A. § 17-10-7 a "is not applicable to sentences imposed pursuant to a hearing on a guilty

  • Gray v. Dental One Assocs. Inc.

    Publication Date: 2004-09-10
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Daniel L. Henderson, Temple, for appellant.
    for defendant: Larry G. Cobb Cobb, Grabbe & Spillers, and Alexander Gordon, Atlanta, for appellee.
    Case Number: A04A1521

    The plaintiff could not show an essential element of his malicious prosecution claim since he agreed to perform community service in exchange for the dismissal of charges agains

  • Simpson v. Hyundai Motor Am. Inc.

    Publication Date: 2004-09-10
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Amy M. Budow, Eric C. Fortas, Scott M. Cohen, Adam Krohn and Shireen Hormozdi Krohn & Moss LTD, Atlanta, for appellant.
    for defendant: . Jeremy M. Moeser, Jill C. Kuhn and Charles K. Reed McKenna, Long & Aldridge LLP, Atlanta, for appellee.
    Case Number: A04A1279; A04A1301

    The breach of an express warranty does not occur until the warrantor either refuses to remedy the defects or is unsuccessful in doing so and both plaintiffs acknowledged that they did not return to

  • Fuller v. Cobb County

    Publication Date: 2004-09-10
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Earl A. Davidson, College Park, for appellant.
    for defendant: Stephen D. Morrison Jr. and Deborah L. Dance Cobb County Attorney's Office Marietta, for appellees.
    Case Number: A04A1269

    The trial court properly struck the plaintiff's complaint for failing to provide a more definite statement within 15 days of being ordered to

  • Lanier v. State

    Publication Date: 2004-09-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Clark C. Adams Jr., Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Michael E. Craig, Assistant District Attorney, Columbus, for appellee.
    Case Number: A04A1662

    A witness's testimony that that the defendant had been in jail did not put the defendant's character at

  • In the Interest of J. L.

    Publication Date: 2004-09-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Render M. Heard Jr., Tifton, 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, and Warren L. Mixon Mixon & Mixon, Ocilla, for appellee.
    Case Number: A04A1572

    The mother was not entitled to a hearing prior to approval of the DFACS case plan because she did not formally object within the 10-day period stipulated by the pa

  • Masters v. Clark

    Publication Date: 2004-09-10
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Richard J. Dreger Dreger, McClelland & Pieschel LLP, Alpharetta, for appellant.
    for defendant: Carol V. Clark and Monica K. Gilroy McCalla, Raymer, Padrick, Cobb, Nichols & Clark LLC, Roswell, for appellee.
    Case Number: A04A1517

    Plaintiff's motion for clarification was, in substance, an untimely motion for reconsideration, which he filed after expiration of the term of court in which the order in question was en