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  • 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

  • In the Interest of K. N. C. et al, children

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Sheryl D. Fambrough, Monroe, for appellant.
    for defendant: Tony D. Coy, Athens, for appellee. Other party representation: David F. Dickinson Dickinson, Mixson & Willis, Monroe, for appellee.
    Case Number: A03A1865

    Juvenile court was proper forum to adjudicate custodial grandmother's petition to terminate the mother's parental rights to two of her chi

  • Porter v. State

    Publication Date: 2003-12-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lee W. Fitzpatrick, Canton and Alison K. Frutoz, Douglas County Public Defender, Douglasville, for appellant.
    for defendant: James D. McDade, District Attorney, Paul J. Miovas Jr. and James E. Barker, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A03A1688

    The trial court properly denied the defendant's motion to suppress the evidence found in a stolen Jeep Cherokee that he was driving since the officer had probable cause to briefly detain the defenda

  • Horne v. Andrews

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Audrey Johnson, Jonesboro and Carol R. Horne, College Park, for appellant.
    for defendant: Thomas A. Cox Jr. and Kerry A. Lutz Miller & Martin LLP, Atlanta, for appellee.
    Case Number: A03A1482

    Resolution of a pastor's claims regarding published statements about his failure to follow church discipline, failure to participate in a stewardship campaign and improper use of a church cell phon

  • Smith v. Chatham County

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William K. Carmichael and Rachel Humphrey Stokes, Lazarus & Carmichael LLP, Atlanta, for appellant.
    for defendant: . Emily E. Garrard and R. Jonathan Hart, Savannah, for appellees.
    Case Number: A03A1133

    The county did not waive its official immunity under O.C.G.A. § 33-24-51 b by instituting a self-insurance fund to pay out injury claims for which it assumed liab

  • In the Interest of E. M.

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joel N. Shiver University of Ga. Sch. of Law, Athens, 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 Randall H. Forester, Athens, for appellee.
    Case Number: A03A1454

    There was no evidence that the father abandoned his child and his inability to secure stable housing and employment did not constitute intentional or unintentional misconduct, resulting in the abuse

  • Doss v. State

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jennifer D. Patterson, Cumming, for appellant.
    for defendant: Philip C. Smith, District Attorney, and Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: A03A1481

    Under the circumstances of this case, the trial court did abuse its discretion in refusing to dismiss for cause a juror who was sexually molested as a

  • In the Interest of A. L. S. S., a child

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brantley J. Swindell McCullough & Swindell, Glennville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, and Sherri P. McDonald Newtton, Smith, Durden, Kaufold & Rice, Vidalia, for appellee. Other party representation: Carol B. Miller, Pembroke.
    Case Number: A03A0953

    The putative father's criminal conviction, his near continuous incarceration during the child's life and his failure to comply with reunification plans supported the termination of his parental r

  • Atlantic Coast Mechanical v. R. W. Allen Beers Constr.

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah Ebel, David N. Stern McKenna, Long & Aldridge LLP, Atlanta, Herman M. Braude, Gerson Kramer, Sean Palmer and Douglas Horton Braude & Margulies PC, Washington D.C., for appellant.
    for defendant: John I. Spangler III Alston & Bird, Atlanta, for appellee. Other party representation: Thurbert E. Baker Jr., Attorney General, George S. Zier, Assistant Attorney General, George C. Reid, Atlanta, and Wendell K. Howell Lumley & Howell, Macon.
    Case Number: A03A0893

    The trial court erred in granting summary judgment to the defendant in its subcontractor's suit for increased costs and expenses incurred in performing its heating, ventilation, air conditioning and