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  • In the Interest of A. B. and T. B.

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Juliet K. Rowell, Jackson, 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 W. Ashley Hawkins, Forsyth, for appellee. Other party representation: Christopher E. Chapman, McDonough, and Wilson H. Bush Bush & Smith, Jackson.
    Case Number: A03A0930

    The unemployed mother's alcohol and cocaine abuse, failure to take her anti-psychotic medication and failure to attend her mental health treatment program supported the termination of her parental r

  • Jones v. State

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John L. Land Newton County Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Brian K. Ross, Assistant District Attorney, Covington, for appellee.
    Case Number: A03A0238

    The trial court had no authority to modify defendant's sentence after expiration of the term of court in which it was entered or before defendant's probationary period

  • Jerry Dickerson Presents Inc. v. Concert/Southern Chastain Promotions

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Henry R. Bauer Jr. Bauer & Deitch, Atlanta, for appellant.
    for defendant: Edward K. Smith Smith, Gambrell & Russell, Susan A. Cahoon and Michael W. Tyler Kilpatrick Stockton LLP, Atlanta, for appellees. Other party representation: Emmet J. Bondurant Bondurant, Mixson & Elmore, Kendric E. Smith City of Atlanta Dep't of Law, Diane P. Flannery, Dean A. Calloway Jones, Day, Reavis & Pogue and Samira Jones Smith, Gambrell & Russell LLP, Atlanta.
    Case Number: A03A0680

    A business arrangement between Chastain Park's concert promoter and a mi -owned concert promotion business, under which a percentage of the venue's available event dates were subleased to the m

  • Studenic v. Birk

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Douglas J. Davis Davis Law Group PC and Wayne S. Tartline Belli, Weil, Grozbean & Davis LLP, Atlanta, for appellant.
    for defendant: John K. Moore and John H. Moore Moore, Ingram, Johnson & Steele, Marietta, for appellees.
    Case Number: A02A1844

    The trial court's sua sponte grant of summary judgment to the defendants was premature because the critical issue on which the trial court based its final judgment was one never before raised by the

  • Howard v. Brantley County, Ga.

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Phillip N. Golub Houston & Golub PC, Blackshear, for appellant.
    for defendant: . W. Vincent Settle III, Waycross, for appellee.
    Case Number: A03A0886

    The county could not negotiate a contract for road striping services outside of the statutory bidding process because O.C.G.A. § 32-1-3 6 expressly defines road striping as a form of road constructi

  • Johnson v. State

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Katherine K. Lumsden, Assistant District Attorney, Perry, for appellee.
    Case Number: A03A0477

    Defense counsel was not deficient for filing an improper, but meritless, motion to recuse the trial

  • RCG Properties LLC v. City of Atlanta Bd. Of Zoning Adjustment

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Peter M. Degnan and Candace N. Smith Alston & Bird, Atlanta, for appellant.
    for defendant: Susan P. Langford, David D. Blum, Lemuel H. Ward City of Atlanta Law Dep't, Christine K. Huffine, Lisa A. Wade and Bradley S. Wolff Swift, Currie, McGhee & Hiers, Atlanta, for appellee.
    Case Number: A02A1669

    The superior court erred in dismissing the appeal of a decision of the city of Atlanta Board of Zoning Adjustment BZA for lack of standing because it was bound by the facts presented to the BZA and

  • Schneider v. Susquehanna Radio Corp.

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Michael K. Jablonski, Marc B. Hershovitz, Atlanta, and C. Ronald Ellington, Athens, for Schneider and Gardner. Sean R. Smith, Edward A. Webb Dow, Lohnes & Albertson PLLC, Atlanta, and Scott D. Dailard Dow, Lohnes & Albertson PLLC, Washington, D.C., for appellee.
    for defendant:
    Case Number: A02A1654; A02A1655

    The trial court erred in failing to consider whether the federal Telephone Consumer Protection Act violates the defendant's right to freedom of s

  • Pitts v. State

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert L. Mack Jr., Jonesboro, for appellant.
    for defendant: Keith C. Martin, Solicitor, and Janet M. Smith-Taylor, Assistant Solicitor General, Jonesboro, for appellee.
    Case Number: A03A0552

    Evidence that the defendant engaged in a fist fight just outside the front entrance of his high s prior to the beginning of classes supported his conviction for disrupting a public s

  • Mohamud v. Wachovia Corp.

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Sidney L. Moore Jr., Atlanta, for appellant.
    for defendant: Pankaj K. Shere and Charles B. Marsh Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellees.
    Case Number: A03A0261

    A bank had probable cause to have the plaintiff arrested based on his refusal to leave, despite the bank's repeated requests for him to