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  • Paul v. Smith, Gambrell & Russell

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Frank J. Beltran and Douglas V. Chandler Beltran & Assocs., Atlanta, for appellant.
    for defendant: . Robert G. Tanner and Shawn D. Scott Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.
    Case Number: A04A0845

    When both conflicts of interest and the judgmental immunity defense are raised, a jury question as to judgmental immunity arises because proof of the existence of a conflict gives rise to the reason

  • In the Interest of J. S. H. & J. D. H., children

    Publication Date: 2004-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Dorothy R. Avera, Brunswick, 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 James A. Chamberlin Jr., Brunswick, for appellee. Other party representation: Donald C. Gibson, Brunswick.
    Case Number: A04A0210

    The father's failure to legitimate his child and the mother's virtual abandonment of both children supported the termination of their parental r

  • Wilkerson v. State

    Publication Date: 2004-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John C. Culp, Waycross, for appellant.
    for defendant: Richard E. Currie, District Attorney, and Melanie J. Brogden, Assistant District Attorney, Waycross, for appellee.
    Case Number: A04A0777

    The defendant exposed and fondled his penis in front of the 9-year-old male v

  • In the Interest of R. H.

    Publication Date: 2004-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Earle J. Duncan III, Glennville, for appellant.
    for defendant: John T. Durden, Jr., District Attorney, and Claira E. Mitcham, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A04A0766

    The juvenile was with three other boys when a can of paint was taken from a middle school construction site and he had paint on his hands when police stopped

  • Cistola v. Daniel

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John R. Grimes Lefkoff, Duncan, Grimes & Miller, Atlanta, for Cistola. Robert K. Woo Jr. King & Spalding, Atlanta, and Frederick E. Link Hartness & Link, Gainesville, for Daniel and others. Frank Armstrong III Stewart, Melvin & Frost, Gainesville, for Odegaard and others.
    for defendant:
    Case Number: A03A2482; A03A2483

    The defendants were not entitled to a directed verdict on the plaintiff's fraud claim arising from his execution of a "corrective" quitclaim deed at the request of the defendants' real estate agent

  • RTS Landfill Inc. f/k/a Sanifill of Ga. Inc. v. Appalachian Waste Sys. LLC

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Henry F. Sewell Jr. and Sarah McCormack Long, Aldridge & Norman LLP, Atlanta, for appellant.
    for defendant: . Seaton D. Purdom, Robert G. Brazier and Steven G. Hall Gambrell & Stolz LLC, Atlanta, for appellees.
    Case Number: A03A2027

    The Court reversed the grant of declaratory relief to the defendant on its counterclaim concerning the enforceability of an agreement between the parties because the trial court failed to apply the

  • Morrison Homes of Fla. Inc. v. Wade

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: G. Phillip Beggs and Amy K. Weber Moore, Ingram, Johnson & Steele LLP, Marietta, for appellant.
    for defendant: Russell D. King and Patrick N. Millsaps Dupree, Poole & King, Marietta, for appellees. Other party representation: George L. Welborn Downey, Cleveland, Parker & Williams, Marietta.
    Case Number: A03A2289

    The damages awarded to the plaintiffs on their claims arising from the building of their home were within the range of the evidence because the contractor they hired to inspect the home provided a d

  • Pope v. State

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Brett D. Turner Turner & Willis PC, Gainesville, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A03A2186

    The evidence authorized the jury to find the defendant guilty as a party to the crimes of armed robbery, kidnapping, false imprisonment, burglary and aggravated assault with a deadly weapon arising

  • In the Interest of D. M. W., a child

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Faye E. Hays, Stockbridge, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Jason T. Harper Crumbley & Crumbley, McDonough, for appellee. Other party representation: William D. Patten Jr., Stockbridge.
    Case Number: A03A2558

    The mother's continued incarceration since the child was 6 months old with the potential to serve 9 more years and the lack of a significant bond between the mother and the child supported the term

  • Nash v. Ohio Nat'l Life Ins. Co.

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Hayes M. Dever and Patricia J. Duffy Friedman, Dever & Merlin LLC, Atlanta, for appellant.
    for defendant: Allen S. Willingham Love & Willingham, and Michael T. Thornton, Atlanta, for appellees.
    Case Number: A03A1822; A03A1823

    The plaintiff was on notice in 1992 that the life insurance policy he purchased was a variable life insurance policy since his accountant informed him at that time that the policy was based on a pro