• Rayburn v. Allen

    Publication Date: 2005-12-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John W. Moulton Moulton & Tarrer LLC, Conyers, for appellant.
    for defendant: R. Phillip Shinall III Alexander, Royston, Hardman & Shinall, Covington, for appellee.

    Case Number: S05A2094

    The decedent's will clearly provided that his wife and son would share the expenses of maintaining the couple's home until it was sold, as long as both the wife and son resided there; however, the w

  • Pope v. Board of Comm'rs of Fulton County

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Timothy J. Sweeney, James P. Robertson Jr., Melana Kopman and Gretchen M. Holt Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellant.
    for defendant: K. Prabhaker Reddy Reddy & Silvis LLC, Richard R. Gignilliat Elarbee, Thompson, Sapp & Wilson, and James J. Park U. S. Court of Appeals, Atlanta, for appellees.

    Case Number: A05A1237

    The appellants' own letter to the county board of commissioners provided some evidence supporting their removal from their positions on the county's board of tax asse

  • Fitz v. State

    Publication Date: 2005-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stephen P. Harrison Harrison & Harrison, and Jacqualine M. Magistro-Hyde, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Atha H. Pryor, Assistant District Attorney, McDonough, for appellee.

    Case Number: A05A0974

    The officer had probable cause to continue questioning the defendant based on his extreme nervousness and the conflicting and odd answers to the officer's ques

  • Carden v. Carden

    Publication Date: 2005-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert L. Mack Jr., Jonesboro, for appellant.
    for defendant: Donald F. DeFoor DeFoor & Jones, and Adam G. Jett Jr. Jett & Liss, Douglasville, for appellee.

    Case Number: A05A0853

    Consent order involving real property in Fulton county was unenforceable, since it failed to sufficiently identify the property under the statute of f

  • Speed v. Muhanna

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David N. Krugler, Andrew B. Cash Cash, Krugler & Fredericks LLC, and Charles A. Mathis Jr., Atlanta, for appellant.
    for defendant: Wade K. Copeland Courtney A. Buxton Carlock, Copeland, Semler & Stair, Atlanta, for appellee. Other party representation: John K. Train IV Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Emmitte H. Griggs Chambless, Higdon & Carson, H. Andrew Owen Jr. Jones & Sweeney, Hunter S. Allen Jr. Allen & Weathington PC, Atlanta, and Bonnie L. Baker Meadows & Futch PC, Stockbridge.

    Case Number: A05A1042

    The plaintiff's attorney in a premises liability action had actual and apparent authority to release any current or future medical malpractice claims against his treating physician in exchange for h

  • Drake v. State

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Willie C. Weaver, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Christopher S. Cohilas, Assistant District Attorney, Albany, for appellee.

    Case Number: A05A1527

    The defendant stole items from the victims' trucks and pawned them shortly after the c

  • Clough v. Richelo

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael S. Rosenthal Wagner, Johnston & Rosenthal and Angelo T. Merolla, Atlanta, for appellant.
    for defendant: Johannes S. Kingma and Eric F. Barton Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.

    Case Number: A05A0181

    State Bar Rule 3.7 does not preclude a lawyer from representing a client prior to even if the lawyer is likely to be a necessary witness at the

  • Goldsby v. State

    Publication Date: 2005-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: M. Eric Eberhardt Eberhardt & Hale LLP, and William C. Bushnell, Athens, for appellant.
    for defendant: . Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellee.

    Case Number: A05A0143

    Defendants' convictions for methamphetamine manufacturing and methamphetamine trafficking merged for sentencing purposes, since both arose from a single quantity of methamphetamine found in a cooler

  • Folsom v. City of Jasper

    Publication Date: 2005-05-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Steven K. Leibel and Guy H. Weiss Casey Gilson Leibel PC, Atlanta, for appellant.
    for defendant: . Will H. Pickett Jr. Pickett, Pickett & Pickett PC, Jasper, for appellees.

    Case Number: S05A0021

    The city of Jasper's Alcoholic Beverages Ordinance contains a blanket prohibition against truthful, non-misleading speech about a lawful product in violation of the First Amen

  • Professional Standards Comm'n v. Alberson

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Penny Hannah State Law Dep't, Atlanta, William W. Calhoun and Christina L. Folsom Langley & Lee LLC, Albany, for appellant.
    for defendant: James D. Dunham, Griffin, for appellee.

    Case Number: A05A0163

    Some evidence supported the Professional Standards Commission's determination that the superintendent of the Turner county school system violated Interim Ethics Rule 505-2-.03 1 n by brandishing a