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  • Lamb v. T-Shirt City Inc.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: T. Gordon Lamb, Duluth, proceeded pro se. David M. Lilenfeld and William K. Carmichael Stokes, Lazarus & Carmichael LLP, Atlanta, for appellees.
    for defendant:
    Case Number: A04A1717

    The plaintiff's assertion of superior claim of title to money judgment was barred by res judicata, since his assignor could have had the merits of the claim addressed in her previous suit seeking in

  • In the Interest of S. G.

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Hurl R. Taylor Jr., Ellenwood, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Mark J. Cicero, Assistant Attorney General, and Robert G. Nardone, Avondale Estate, for appellee.
    Case Number: A05A0212

    The mother's severe mental deficiency-paranoid schizophrenia-rendered her unable to adequate care for her

  • Nelson v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Douglas N. Fox Peevy & Lancaster PC, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A04A1882

    Exigent circumstances justified a protective sweep of the defendant's home, since officers knew that contraband and people were inside the house and saw the occupants attempting to

  • Wilson v. J & L Melton Inc. d/b/a McDonald's Restaurant

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Lisa D. Wright, Atlanta, for appellant.
    for defendant: Bruce A. Taylor Jr. and Douglas K. Burrell Drew, Eckl & Farnham, Atlanta, for appellee.
    Case Number: A04A1725

    The plaintiff could not recover damages for mental distress from eating french fries contaminated by blood from the defendant's "fry man" in the absence of any evidence of actual exposure to HIV or

  • In the Interest of D. J. F.

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard Phillips Phillips & Kitchings, Ludowici, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Shalen S. Nelson, Senior Assistant Attorneys General, Atlanta, Jerry W. Caldwell, Jesup, and James A. Chamberlin Jr., Brunswick, for appellee. Other party representation: W. Jefferson Hires Gordon and Hires, Jesup.
    Case Number: A04A1028

    Evidence that the father failed to establish any parental bond with his child or support her financially supported the termination of his parental r

  • Evans v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, Michael T. Saul and Amy K. Radley Forsyth County Solicitor's Office, Cumming, for appellee.
    Case Number: A04A0980

    The defendant was not in custody when she voluntarily submitted to field sobriety tests because the officer took no overt action to make the defendant reasonably believe she was under a

  • Daniel v. State

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    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: S03G1172

    The officer's statement that police were having problems with drugs being moved from Atlanta to outlying counties and his request for consent to search did not prolong, continue or otherwise extend

  • Munroe v. Universal Health Servs. Inc.

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Eric J. Hertz, Mark D. Link and Houston D. Smith III Hertz, Link & Smith PC, Tucker, for appellant.
    for defendant: Michael D. Hostetter, Adriane C. Yelton Sammons Nall & Miller, Christine M. Stadler, Atlanta, and Omar R. Mark Zamora Pennebaker & Zamora, Dallas, for appellee.
    Case Number: S04A0470

    A defendant employer has a duty to exercise ordinary care not to hire or retain an employee the employer knew or should have known posed a risk of harm to others where it is reasonably foreseeable f

  • Jones v. Burks

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John G. Edwards and William D. Edwards, Valdosta, for appellant.
    for defendant: Mary K. Bahl, Valdosta, for appellee.
    Case Number: A04A1109

    In granting custody to the maternal grandmother, the trial court failed to make preliminary findings by clear and convincing that granting custody to the children's biological father would harm them

  • McKenna, Long & Aldridge LLP v. Keller

    Publication Date: 2004-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Peter C. Canfield, Thomas M. Clyde and Marcia K. Stadeker Dow, Lohnes & Albertson, Atlanta, for appellant.
    for defendant: Neal H. Howard and William D. James Neal H. Howard & Assocs. PC, Atlanta, for appellee.
    Case Number: A04A0624

    The plai could not sue his adversary's law firm for negligence where the law firm owed no legal duty to the plai