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  • Bircoll v. Rosenthal

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles F. Peebles, Norcross, for Bircoll and Jaron. William W. Gardner, Atlanta, for Gardner. Monica K. Gilroy and Carol V. Clark McCalla, Raymer, Padrick, Cobb, Nichols & Clark LLC, Roswell, for Flattery and HN Real Estate Group. Robert C. Port Hasslett, Cohen, Goldstein, Port & Gottlieb, Atlanta, for Rosenthal. Other party representation: Ned Blumenthal and Seth G. Weissman Weissman, Nowack, Curry & Wilco PC, Atlanta.
    for defendant:
    Case Number: A04A0346; A04A0347

    ReMax North Atlanta v. Clark, 244 Ga. App. 890 2000, and Salinas v. Skelton, 249 Ga. App. 217 2001, foreclosed the buyers' claims against the sellers' real estate agent and her brokerage firm for fr

  • In the Interest of N. L. G.

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Valerie Brown-Williams Brown-Williams & Assocs., Albany, for appellant.
    for defendant: Kenneth B. Hodges III and Leah E. McEwen, District Attorneys, Albany, for appellee.
    Case Number: A04A0155

    The juvenile was one of a large group of boys who chased the 12-year-old victim, knocked him down, kicked him, beat him with bricks and stabbed him several

  • Hughes v. Georgia Dep't of Corrections

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: B. Daniel Dubberly III, Glennville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Bryan K. Webb, Senior Assistant Attorney General, Dennis R. Dunn, Deputy Attorney General, and Ralph W. Ellis, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A04A0427

    Monetary damages are not available to a state employee who alleges that he was wrongfully terminated under O.C.G.A. § 45-1-4-the Georgia Whistle Blower St

  • In the Interest of T.B.

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Benjamin F. Windham, McDonough, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and James T. Chafin III, McDonough, for appellee.
    Case Number: A04A0310

    DFACS was not required to create a reunification plan for a putative father who did not seek out his child for nearly four years after her crack addicted mother left home wit

  • Rehberger v. State

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: August F. Siemon III, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A0360

    The defendant could not attack his sentence as void since that issue was decided adversely to him in a prior proce

  • Crutcher v. State

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Candace L. Byrd, Acting Chief Public Defender, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Jennifer L. Scott, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A04A0274

    The defendant was not entitled to a directed verdict on a disorderly conduct charge where the evidence showed that he violently" shook his keys at ano river after a collision and scratched the

  • In the Interest of A. B.

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Shane M. Geeter, Milledgeville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Thomas J. O'Donnell, Milledgeville, for appellee. Other party representation: Kelli C. Rutherford, Gray.
    Case Number: A04A0774

    DFACS did not prove deprivation from alleged Munchausen Syndrome by Proxy where others observed the child's eating difficulties and seizures, the mother agonized over whether surgery was appropriate

  • In the Interest of M. T. M.

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Michael J. Classens Edenfield, Cox & Classens, Statesboro, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, Sherri P. McDonald Newtton, Smith, Durden, Kaufold & Rice, Vidalia, for appellee. Other Party Representation: Hugh Peterson III McIntyre & Peterson LLC, Vidalia, and Anne L. Durden, Bartow.
    Case Number: A04A0922

    The evidence authorized the juvenile court to find that the mother continued to be an unrehabilitated drug abuser following her release from prison and that the children's older sibling died from p

  • Jones v. Burks

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John G. Edwards and William D. Edwards, Valdosta, for appellant.
    for defendant: Mary K. Bahl, Valdosta, for appellee.
    Case Number: A04A1109

    In granting custody to the maternal grandmother, the trial court failed to make preliminary findings by clear and convincing that granting custody to the children's biological father would harm them

  • Crumpton v. State

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John E. Dalton Jr. and J. Stephen Gupton Jr. J. Stephen Gupton Jr. PC, Valdosta, for appellant.
    for defendant: Richard W. Shelton, Solicitor, and Sandra K. Sanders, Assistant Solicitor General, Valdosta, for appellee.
    Case Number: A04A0311

    No evidence supported the defendant's contention that the solicitor coerced him into entering a guilty plea to simply battery by offering him the choice of entering the plea or remaining in jail for