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  • Edgecomb v. State

    Publication Date: 2013-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: J. Michael Treadaway, Marietta, for appellant.
    for defendant: Patrick Head, D. Victor Reynolds, District Attorneys, Allen Knox, Assistant District Attorney, and John Edwards District Attorney's Office, Marietta, for appellee.
    Case Number: A12A1823

    The trial court improperly instructed the jury on the unindicted offense of violating a family violence order as a lesser included offense of the charged crime of aggravated sta

  • Lovell v. Georgia Trust Bank

    Publication Date: 2012-12-05
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sherri Buda and Simon Bloom The Bloom Sugarman Everett LLP, Atlanta, for appellant.
    for defendant: Paul Durdaller and Amy Weber Taylor English Duma LLP, Atlanta, for appellee.
    Case Number: A12A1234

    The documents, which the defendant sought to compel in this suit to recover the principal and interest due on a promissory note, were inadmissible under the parol evidence rule, since the plaintiff

  • Perlman v. Perlman

    Publication Date: 2012-11-29
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Wayne Keaton, Dallas, for appellant.
    for defendant: Carol Baskin Baskin & Baskin, Marietta, for appellee.
    Case Number: A12A1363

    The trial court did not abuse its discretion in denying the father's petition for family violence protective orders on behalf of his two minor daughters, as he did not show by a preponderance of the

  • Ellington v. State

    Publication Date: 2012-11-21
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Carl P. Greenberg, Gladys H. Pollard Capital Defender's Office, Atlanta, and David W. DeBruin Jenner & Block LLP, District of Columbia, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Donald P. Geary, Daniel J. Quinn, Assistant District Attorneys, Decatur, Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Theresa M. Schiefer, and Dana E. Weinberger, Assistant Attorneys General, Atlanta, for appellee. Amicus appellant: James C. Bonner Jr. Georgia Public Defender Standards Council, Atlanta, Franklin J. Hogue Hogue & Hogue LLP, Macon, and J. Scott Key, Decatur. Other party representation: Brian Kammer Georgia Resource Ctr. and Richard A. Malone Prosecuting Attorney's Council, Atlanta.
    Case Number: S12P0870

    The trial court abused its discretion in precluding voir dire questioning of prospective jurors as to whether they would automatically impose the death penalty, rather than fairly considering all th

  • Kothari v. Tessfaye

    Publication Date: 2012-11-07
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    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: J. Bertram Levy Fine & Block Attorneys, Atlanta, for appellant.
    for defendant: . Samira J. Martin Jones Martin LLC, Atlanta, for appellees.
    Case Number: A12A1106

    The trial court erred in ruling that the parties' consent judgment was void due to impossibility of performance and to lack of mutuality, as the consent judgment could not be void under OCGA § 9-12-

  • Ehlers v. Upper W. Side LLC

    Publication Date: 2012-11-01
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Tyler C. Dixon Raiford & Dixon LLP, and Janet Litt Federal & Hasson LLP, Atlanta, for appellant.
    for defendant: Leon A. Van Gelderen, Atlanta, and Kennon Peebles Jr., Buford, for appellees.
    Case Number: S12A0947

    The 7-year statute of limitation period applicable to reformation actions did not bar the appellee's suit seeking to reform a deed, which mistakenly described an 8-acre tract of land located in Fult

  • Burke Cnty. v. Askin

    Publication Date: 2012-10-19
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Barry A. Fleming and Frank A. Nelson Fleming & Nelson LLP, Evans, for appellant.
    for defendant: . Thomas R. Burnside III and James W. Ellison Burnside Wall LLP, Augusta, for appellees.
    Case Number: S12A0649; S12X0650

    The Court vacated and remanded the trial court's order granting the property owner's mandamus action to compel the County to repair and maintain certain roads inasmuch as it granted relief under the

  • Callaham v. State

    Publication Date: 2012-09-07
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert Wadkins and Victoria Novak Public Defender's Office, Columbus, for appellant.
    for defendant: Julia Slater, District Attorney, and Letitia Sikes Chattahoochee Judicial Circuit, Columbus, for appellee.
    Case Number: A12A1082

    The trial court's restitution order on retrial, along with a straight prison term with no probation, was proper even though it increased the defendant's original sen

  • Georgia Dep't of Revenue v. Moore

    Publication Date: 2012-07-27
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Warren Calvert, and Frances Mulderig, Attorney General's Office, Atlanta, for appellant.
    for defendant: Jefferson Allen and Jeffrey Cohen Cohen, Cooper, Estep, & Allen LLC, Atlanta, for appellee.
    Case Number: A12A0216

    After the Department of Revenue voluntarily refunded part of a tax assessment to a corporation's co-owner, it could not pursue the other co-owner for the remaining amoun

  • Smith v. Cisco

    Publication Date: 2012-07-27
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Brent Savage and Kathryn Pinckney Savage, Turner, Pinckney, & Madison, Savannah, for appellant.
    for defendant: . Jacquelyn Johnson, District Attorney, Nathan Williams Clark & Williams PC, Steven Blackerby, Terry Readdick, Brown Readdick Bumgartner Carter, Brunswick, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellees.
    Case Number: A12A0313; A12A0314

    In a state forfeiture action, the plaintiffs lacked standing to participate in the state's decision-making process concerning which property should be forf