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  • Tabar Inc. v. D & D Servs. Inc.

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Katrina L. Breeding, Jonesboro, for appellant.
    for defendant: Warren R. Power and Jennifer N. Haskins Power & Futch PC, McDonough, for appellee. Other party representation: Wendell K. Willard, Atlanta.
    Case Number: A04A0425

    Plaintiff had no valid breach of contract claim against a defendant who was not a party to the contract in que

  • Carlisle v. State

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A0872

    The trial court lacked jurisdiction to try the defendant for offenses, which were nolle prossed, were not reinstated by an order vacating the nolle prosse within the same term of court and were not

  • Holmes v. State

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Lee Sexton and Joseph S. Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A0559

    Concerns for the officer's safety provided a sufficient basis for a Terry pat-down of the defe

  • Standfill v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Martin G. Hilliard, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Margaret E. Heap, Assistant District Attorney, Savannah, for appellee.
    Case Number: A04A0558

    The state presented sufficient evidence that defendant committed the similar transaction crime, including the testimony of a witness who saw the defendant walking away from the burglarized bank with

  • In the Interest of J. H.

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Carlton K. Nelson III Nelson & Smith, Dublin, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, and Daniel M. King Jr. Lewis & King LLC, Dublin, for appellee.
    Case Number: A04A0778

    Termination of the mother's parental rights was not warranted where DFACS did not present clear and convincing evidence of the mother's current circumstances or present unfi

  • Ford v. Tycam Home Builders Inc.

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert K. Prater, Newnan, for appellant.
    for defendant: . John E. Bellus Jr. Stone & Bellus PC, Atlanta, for appellees.
    Case Number: A04A0432

    The plaintiffs' third voluntary dismissal of their claims regarding faulty house construction operated as an adjudication on the merits under O.C.G.A. § 9-11

  • Johnson v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Gerald P. Word and Jason W. Swindle Word & Simmons PC, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A04A0136

    The trial court did not err in admitting defendant's statement to police that he would identify a major drug player if they let him walk away since there was no evidence that the officers coerced or

  • Waller v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Francis N. Ford Adams & Ford LLP, Eatonton, for appellant.
    for defendant: Frederic D. Bright, District Attorney, Greensboro, and DuPont K. Cheney Jr., Assistant District Attorney, Eatonton, for appellee.
    Case Number: A04A0326

    The defendant took a substantial step toward the commission of arson when he poured gasoline on the kitchen floor of his

  • King v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Peter J. Ross and Noah H. Pines, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Sandra G. Rivers and Alicia C. Grant, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A04A0779

    The arresting officer had probable cause to search the trunk of the defe s vehicle after he smelled unburned marijuana in the vehicle and on the defe

  • Evans v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, Michael T. Saul and Amy K. Radley Forsyth County Solicitor's Office, Cumming, for appellee.
    Case Number: A04A0980

    The defendant was not in custody when she voluntarily submitted to field sobriety tests because the officer took no overt action to make the defendant reasonably believe she was under a