• In the Interest of J.W.H.

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David L. Host and Charles L. Daniel III McCamy, Phillips, Tuggle & Fordham LLP, Dalton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso, Assistant Attorney General, Atlanta, Cynthia N. Johnson Waycaster, Johnson, Morris & Dean, Karen E.L. Webb and Jerry W. Moncus, Dalton, for appellee. Other party representation: Joel P. Thames, Todd L. Ray McDonald, Kinnamon & Thames, Dalton.

    Case Number: A00A1190, A00A1332

    Several factors, including the father's verifiable medical condition that prevented him from caring for his child, supported termination of the father's and mother's parental r

  • Moore v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: George T. Jackson and Steven L. Sparger Jackson & Schiavone, Savannah, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Woodbine, Charles K. Higgins, Assistant District Attorney, and Robert C. Harper, Brunswick, for appellee.

    Case Number: A00A1122

    Evidence that defendant willingly accompanied his accomplices when they went "creeping" at the victims' hotels supported his convictions as a party to their c

  • Holloway v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.

    Case Number: A00A1047

    Although defendant claimed that his counsel failed to interview several alibi witness, defendant did not produce the alleged witnesses or show that they would have testified in his

  • Christensen v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Frank K. Martin The Martin Firm, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and George E. Lipscomb II, Assistant District Attorney, Columbus, for appellee.

    Case Number: A00A0517, A00A0518

    The trial court's erroneous charge that the indictment was not evidence of Christensen's innocence was not reversible error in light of the jury charge as a

  • Carter v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Henry A. Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and George W.K. Snyder Jr., Senior Assistant District Attorney, Atlanta, for appellee.

    Case Number: A00A1194

    The state did not have to prosecute two indictments against defendant separately since his stabbing the victim and kidnapping her two months later while out on bail showed a common

  • Ryland Group v. Daley

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: F. Carlton King Jr. King & Craft, Atlanta, for appellant.
    for defendant: Richard J. Capriola and Jett Harris Weinstock & Scavo PC, Atlanta, for appellee.

    Case Number: A00A1656, A00A1657

    The builder's refusal to repair the plain home until they released money held in escrow under the construction contract supported the award of bad faith attorneys' fees to plain

  • Smith v. Persichetti

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Russell L. Adkins Jr. Adkins & Whitfield, Marietta, for appellant.
    for defendant: Nisbet S. Kendrick III and Caroline K. Bell Womble, Carlyle, Sandridge & Rice, Atlanta, for appellees.

    Case Number: A00A0141

    Lessees were entitled to the return of a $125,000 payment to their lessor as the payment was not consideration for an option to purchase the property, but merely a down payment they were entitled to

  • NF Invs. Inc. v. Whitfield

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Scott H. Michalove and Peter L. Lublin McCalla, Raymer, Padrick, Cobb, Nichols & Clark, Atlanta, for appellant.
    for defendant: James M. Barnes, Dalton, for appellee. Other party representation: Harry B. White White & Choate, Cartersville.

    Case Number: A00A2077

    Because the trial court's award of damages to the plaintiff was less than $10,000, defendant could not file a direct a

  • Treglown v. K-Mart Corp.

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bobby L. Cook, Summerville, Charles G. Price Smith, Price & Wright, Rome, for appellant.
    for defendant: James S. Strawinski Strawinski & Goldberg LLP and George A. Koenig Dennis, Corry, Porter & Gray, Atlanta, for appellee.

    Case Number: A00A0723

    The plaintiff was not entitled to a new trial on his loss of consortium claim since there was conflicting evidence as to whether his wife's fatigue and lack of energy was related to her physical inj

  • Alta Anesthesia Assocs. of Ga. PC v. Gibbons

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Roy E. Paul, Walter C. Hartridge Bouhan, Williams & Levy, Savannah, Robert W. Webb Jr., James A. Lamberth and David B. Foshee Troutman & Sanders LLP, Atlanta, for appellant.
    for defendant: Anthony L. Cochran, John K. Larkins Jr. Chilivis, Cochran, Larkins & Bever, Atlanta, and John J. Ossick Jr., Kingsland, for appellee. Other party representation: Wallace E. Harrell Gilbert, Harrell, Gilbert, Sumerford & Martin, Brunswick.

    Case Number: A00A0238

    Trial court's charge on conspiracy was harmless, since defendant did not objection and a finding of a conspiracy was not essential to recovery by Gi