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  • Menefield v. State

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Elliott A. Shoenthal, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and James M. McDaniel, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A03A2132

    The trial court did not abuse its discretion in denying the defendant's motion for a new trial based on newly discovered evidence where the evidence in question was an unauthenticated post-trial l

  • In the Interest of D.L.W.

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michele W. Ogletree and Harold A. Sturdivant Sullivan, Sturdivant & Ogletree PC, Griffin, 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 LeAnne P. Cooper Power, Futch & Cooper PC, McDonough, for appellee. Other party representation: Karen M. Calloway, Fayetteville.
    Case Number: A03A1607

    The mother's history of mental illness supported a finding that her child was dep

  • Bell v. State

    Publication Date: 2003-11-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A03A1282

    The trial court did not err in admitting the 4-year-old victim's out-of-court statements since she was available to te

  • Bridges v. State

    Publication Date: 2003-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Chester L. Cannon Jr. Smith & Cannon, Vidalia, for appellant.
    for defendant: Timothy G. Vaughn, District Attorney, and Russell P. Spivey, Assistant District Attorney, Eastman, for appellee.
    Case Number: A03A0866

    The defendant failed to lay a proper foundation for the introduction of a police report involving an alleged drug raid that he claimed was the basis for an illegal

  • Nugent v. Suntrust Bank

    Publication Date: 2003-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Martin L. Fierman, Eatonton, for Nugent. Tilman E. Self III, Macon, for Ray. William K. Carmichael Stokes, Lazarus & Carmichael, and Thomas V. Keough, Atlanta, for Suntrust Bank.
    for defendant:
    Case Number: A03A1530; A03A1531

    Defendants unambiguously agreed to be jointly and severally liable for full payment of a credit card account when they signed a "Business Card Application" in their individual cap

  • In the Interest of A. B.

    Publication Date: 2003-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Debra W. Hale, Lawrenceville, 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 John L. Welsh II, Lawrenceville, for appellee. Other party representation: Victoria W. Weusthoff, Atlanta, Jean S. Martin and Edgar J. Perkerson III, Lawrenceville.
    Case Number: A03A1601

    Clear and convincing evidence did not support a finding that the child's deprivation was caused by a lack of proper parental control, despite the fact that the mother's boyfriend was convicted of ki

  • Georgia Farm Bureau Mut. Ins. Co. v. Croley

    Publication Date: 2003-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Duke R. Groover Groover & Childs, Macon, and Charles W. Byrd, Perry, for appellant.
    for defendant: John T. Croley Jr., Fitzgerald, Gary C. Christy and Preyesh K. Maniklal Gregory, Christy & Maniklal, Cordele, for appellee. Other party representation: Terry A. Dillard Dillard, Bower & Crowley, Waycross.
    Case Number: A03A0876

    The defendant was entitled to summary judgment on its former attorney's breach of contract claim because the oral agreement between the parties had no stated dur

  • Adams v. State

    Publication Date: 2003-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lloyd J. Matthews, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.
    Case Number: A03A1588

    The arresting officer had probable cause to arrest the defendant based on a dispatcher 's call about a domestic dispute and the obstruction occurred when the defendant kicked at the arresting office

  • Lamb v. First Union Brokerage Servs. Inc.

    Publication Date: 2003-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Terry G. Lamb Lamb & Assocs., Duluth, for appellant.
    for defendant: Michael E. Johnson and Michelle Kahoiwai Troutman Sanders LLP, Atlanta, for appellees.
    Case Number: A03A1623

    The plaintiff could not appeal the judgment in a garnishment action, despite the garnishee's assignment of his rights to the plaintiff, because the garnishee failed to file a timely application for

  • Nhan v. Wellington Square LLC

    Publication Date: 2003-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Wendell K. Willard, and G. Watson Bryant Jr., Atlanta, for appellant.
    for defendant: . Scott E. Morris and Ellen W. Smith Holt, Ney, Zatcoff & Wasserman LLP, Atlanta, for appellee.
    Case Number: A03A1197

    A real estate sales contract was enforceable where the property's location could be adequately identified through descriptive keys furnished within the written sales agre