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  • Garvin v. Secretary of State Sec. and Bus. Div.

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George T. Smith Browning & Tanksley LLP, Marietta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William W. Banks Jr., John B. Ballard Jr., Assistant Attorneys General, and Robin A. Golivesky Office of Secretary of State, Atlanta, for appellee. Other party representation: Fred T. Finney McCall & Finney PC, Albany.
    Case Number: A03A2145

    Some evidence showed that the defendant did not knowingly intend to violate the Georgia Securities Act by selling unregistered contracts for the sale and lease-back of coin-operated payp

  • Mealor v. State

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Christopher D. Elrod and Scott R. Tolbert Tolbert & Elrod, Jefferson, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A03A2282

    In the absence of testimony to the contrary, trial counsel's decisions were presumed to be tactically related to the defense strategy that the victim fabricated allegations of abuse because her fat

  • In the Interest of A. A.

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Timothy T. Herring and Charles B. Pekor Jr., Atlanta, for appellant.
    for defendant: . Tammy M. Griner, Griffin, for appellee.
    Case Number: A04A0002; A04A0003

    There was no "stop" because the juvenile driver had already stopped the vehicle before the officer approached and there was no seizure because the encounter was not threatening or coe

  • Watson v. Williams Travelcenter Inc.

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stephen D. Apolinsky Eastman & Apolinsky LLP, Decatur, for appellant.
    for defendant: Pankaj K. Shere and Charles B. Marsh Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee.
    Case Number: A03A2292

    There was no evidence that the defendant gas station had actual or constructive knowledge of the spilled diesel fuel that caused the plaintiff to slip and

  • Baggs v. State

    Publication Date: 2004-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gary V. Bowman, McDonough, for Baggs. Jeffrey W. Cofer, McDonough, for Lopez. Steven M. Frey, Jonesboro, and Lloyd J. Matthews, McDonough, for Mondragon. Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    for defendant:
    Case Number: A03A2080; A03A2081; A03A2082

    Evidence that the first defendant actually handled and attempted to sell nearly 450 grams of methamphetamine to an undercover officer and that the second and third defendant voluntarily accompanied

  • Brogdon v. Brogdon

    Publication Date: 2004-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bradley M. Hannan Smith, Hannan & Parker PC, Valdosta, for Stacey Brogdon et al. Berrien L. Sutton, Christopher S. Badeaux Sutton & Assocs. PC, Homerville, and Bryant H. Bower Jr., Waycross, for Janice Brogdon et al. Other party representation: Clayton A. Tomlinson, Homerville.
    for defendant:
    Case Number: A03A2502; A03A2503

    Evidence that the parents never adequately explained how their 2-month-old child suffered multiple leg fractures supported the termination of their parental r

  • Wachovia Bank of Ga. v. Namik

    Publication Date: 2004-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William J. Linkous Jr., Nicole J. Wade and David G. Ross Powell, Goldstein, Frazer & Murphy, Atlanta, for Wachovia. Robert J. Kaufman, Stephen R. Klorfein, Charlotte K. Perrell and Jason S. Adler Kaufman, Chaiken, Miller & Klorfein LLC, Atlanta, for Namik et. al. Other party representation: Bertram L. Levy Arnall, Golden & Gregory, Atlanta.
    for defendant:
    Case Number: A03A2198, A03A2199

    A bank had no duty, as trustee of a customer's simple revocable living trust, to provide estate tax planning a

  • Mayfield v. State

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Harvey S. Wasserman, Carnesville, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, and Richard K. Bridgeman, Assistant District Attorney, Carnesville, for appellee.
    Case Number: A03A1715

    The 5-year delay between defendant's arrest and did not violate his Sixth Amendment right to a speedy where defendant failed to appear at his noticed

  • Bradley v. Frank

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Garlan B. Furin and George L. Barron Jr. Barron & Barron, College Park, for appellant.
    for defendant: Louis Levenson Louis Levenson & Assocs., Atlanta, for appellee.
    Case Number: A03A2099

    The grant of summary judgment to the plaintiff was appropriate where the undisputed evidence showed that her ex-husband breached the settlement agreement incorporated into their divorce d

  • Carson v. State

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lynn G. Fant, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Maziar Mazloom and Amy H. McChesney, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A03A1403

    Since defendant had no intention of accepting the state's plea offer, he could not show prejudice from his counsel's alleged failure to inform that he would be given a mandatory sentence of life wit