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  • Barnes v. City of Atlanta

    Publication Date: 2005-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, and Robert D. Feagin Decker & Hallman, Atlanta, for Barnes and others. Linda K. DiSantis, City Attorney, and Lemuel H. Ward City of Atlanta Law Dep't, Atlanta, for the City of Atlanta.
    for defendant:
    Case Number: A05A0873; A05A0874

    The tax refund demand date for Class I attorneys, who paid an unconstitutional occupational tax, but made no pre-litigation claim for refunds as required under O.C.G.A. § 48-5-380, was February 27,

  • Benson v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John T. Strauss, Newton County Pub. Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Kelly D. Kautz, Assistant District Attorney, Monroe, for appellee.
    Case Number: A05A1251

    Evidence that officers discovered the drugs in a hollow pen directly under the defendant after they had already searched a third-party's home did not support a finding of mere pre

  • Bhindi Bros. v. Patel

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Grover C. Bailey, Atlanta, for appellant.
    for defendant: Charles A. Ratz and Andrea Bennett Gilliland, Ratz & Browning PC, Atlanta, for appellee.
    Case Number: A05A0996

    Res judicata did not bar the plaintiff's claims for past due rent and other damages in its suit for breach of a lease, because the plaintiff raised those claims in its prior dispossessory suit and t

  • Fernandez v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Kevin W. Drummond, Carrollton, for Fernandez. Gerald P. Word Johnson, Word & Simmons, Carrollton, for Esparza. Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    for defendant:
    Case Number: A05A1046; A05A1047

    The defendants' nervousness and conflicting stories about why they traveled from California to Atlanta authorized the jury to find that they were aware of the 33 kilos of cocaine, which was hidden i

  • In Re: Estate of Barbara Jean Thornton

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James W. Wallis Jr. Smith, Wallis & Scott LLP, Carrollton, for appellant.
    for defendant: George G. Shadrix, Carrollton, for appellee.
    Case Number: A05A0946

    There was no evidence to rebut the presumption that the plaintiffs' stepfather gifted the marital home to the plaintiffs' mother at the time of its purchase, when he deeded it into her

  • Smith v. State

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Anthony O. Van, Atlanta, for appellant.
    for defendant: Jeffrey H. Brickman, Acting District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A0905

    The defendant waived his right to counsel by disregarding the trial court's warnings about the risks of representing himself and filing bar complaints against both of his appointed lawyers, causing

  • Atlanta Humane Soc'y v. Mills

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Edward L. Greenblatt, Janet L. Bozeman and James V. Zito Lipshutz, Greenblatt & King, Atlanta, for Atlanta Humane Soc'y and others. Alan I. Begner, Robert M. Adelson and Katherine K. Wood Begner & Begner PC, for Mills. Other party representation: Stacy S. Levy, Decatur, and James Stark, Englewood, Colo.
    for defendant:
    Case Number: A03A2480; A03A2481

    As a quasi-governmental entity, the county humane society was barred from bringing a defamation a

  • Colonial Life & Accident. Ins. Co. v. Heveder

    Publication Date: 2005-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael J. Hannan III Thompson & Slagle PC, Duluth, and Fakiha Kahn Love, Willingham, Peters, Gilleland & Monyak, Atlanta, for appellant.
    for defendant: John M. Brown, Augusta, and James E. Staples Jr., Cornelia, for appellee. Other party representation: Joseph J. Hennesy Jr., Douglass K. Farrar Farrar & Hennesy, Douglas, Robert B. Summer, Pearson, and Robert R. Gunn II Martin, Snow, Grant & Napier, Macon.
    Case Number: A05A0428

    The plaintiff's action against the insurance company for the proceeds of his father's death benefit was precluded by O.C.G.A. § 33-24-1, since the plaintiff did not notify the insurer of his claim p

  • Atlanta Humane Soc'y v. Mills

    Publication Date: 2005-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Edward L. Greenblatt, Janet L. Bozeman and James V. Zito Lipshutz, Greenblatt & King, Atlanta, for Atlanta Humane Soc'y and others. Alan I. Begner, Robert M. Adelson and Katherine K. Wood Begner & Begner PC, for Mills. Other party representation: Stacy S. Levy, Decatur, and James Stark, Englewood, Colo.
    for defendant:
    Case Number: A03A2480; A03A2481

    As a quasi-governmental entity, the county humane society was barred from bringing a defamation a

  • Owens v. State

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lloyd J. Matthews, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0451

    The court did not err in making the defendant's 5-year sentences on two firearm possession convictions consecutive to all other sentences given at