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  • Baker v. Merrill Lynch Trust Co. FSB

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, John B. Ballard Jr. and Grace E. Lewis, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: C. Fred Reeves, W. Allen Separk, Marietta, and Patricia D. Friedman, Atlanta, for appellees.
    Case Number: A07A0404

    The trial court erred in declining to apply O.C.G.A. § 53-12-113's cy pres doctrine-providing that ' "if a valid charitable bequest, trust, or gift cannot be executed in the exact manner provided by

  • The Cincinnati Ins. Co. v. Magnolia Estates Inc.

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert S. Carpenter Nall & Miller LLP, Atlanta, for appellant.
    for defendant: William D. Healan Jr. William D. Healan III Healan Law Offices, Winder, J. Edward Allen Jr. and Jeffrey W. DeLoach Fortson, Bentley & Griffin PA, Athens, for appellees. Other party representation: Michael G. Kam, Brian D. Lewis and Emily C. Gross Kam & Ebersbach PC, Newnan.
    Case Number: A07A0103

    A resident in a personal care home's intentional attack of another resident was an accident for the purposes of an insurance policy's coverage, since the insured did not foresee, expect or desi

  • Lowery v. State

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: L. David Wolfe, Kathryn A. Westberry and Bruce S. Harvey, Atlanta, for appellant.
    for defendant: Paul Bowden, District Attorney, Tifton, Bradford L. Rigby, Assistant District Attorney, Albany, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0262

    The trial court harmlessly erred in failing to consult with the defendant and his counsel prior to responding to the jury's substantive communic

  • Murray v. Georgia Dept. of Transp.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Peter F. Boyce, Catherine M. Packwood Peter F. Boyce PC, Duluth, David F. Walbert and Thomas D. Trask Parks, Chesin, Walbert & Miller PC, Atlanta, for Murray and others. Michael A. O'Quinn O'Quinn & Cronin, McDonough, for Manning and others. Scott W. Kelly Fulcher Hagler LLP, Augusta, for CSX Transportation Inc. Thurbert E. Baker, Attorney General and Robert C. Edwards, Assistant Attorney General, Atlanta, for the Georgia Depart. of Transp.
    for defendant:
    Case Number: A06A1655; A06A1656

    The county DOT is entitled to immunity from the plaintiffs' claims that its failure to act more quickly in installing an state DOT-approved traffic signal at an intersection proximately caused a fa

  • Blue Moon Cycle Inc. v. Jenkins

    Publication Date: 2007-03-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: William R. Youngblood and Laura V. Benesh William R. Youngblood PC, Suwanee, for appellant.
    for defendant: . Duane A. Jenkins, Duluth, proceeded pro se.
    Case Number: S06G1136

    Immunity from civil liability pursuant to the deposit account fraud statute, O.C.G.A. § 16-9-20 is not limited to cases when the action is brought by the person, who signed the

  • Ewing v. City of Atlanta

    Publication Date: 2007-03-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: George O. Lawson Jr. Lawson & Thornton PC, Atlanta, for appellant.
    for defendant: Linda K. DiSantis, City Attorney, Amber A. Robinson and Cleora S. Anderson City of Atlanta Law Dept., Atlanta, for appellees.
    Case Number: S06A1988

    The trial court erred in construing the pleadings most favorably to the city and the city's chief of police in dismissing a police lieutenant's petition for a writ of mandamus, seeking to require th

  • In re Baska

    Publication Date: 2007-03-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Emilien O. Loiselle Jr., Dacula, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Rebecca S. Mick, Ann S. Brumbaugh, Assistant Attorneys General, and Sarah E. Lockwood Office of Bar Admissions, Atlanta, for appellee.
    Case Number: S07Z0422

    The record supported the decision of the Board to Determine Fitness for Bar Applications that the applicant lacked candor when he stated that he never tried to hide following the revocation of his

  • Putzel Elec. Contractors Inc. v. Jones

    Publication Date: 2006-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: R. Napier Murphy and William R. Shelton Jr. Murphy & Sibley PC, Macon, for appellant.
    for defendant: . Henry S. Barnett, Atlanta, for appellee. Other party representation: Lee Southwell Board of Workers' Compensation, and Mark J. Goodman Swift, Currie, McGhee & Hiers, Atlanta.
    Case Number: A06A1039

    The employee's workers' compensation claim for work-related asbestosis was timely filed pursuant to O.C.G.A. § 34-9-281, since he filed it within one year of first learning of the causal connection

  • Layfield v. Department of Transp.

    Publication Date: 2006-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Alfred N. Corriere, Albany, for appellant.
    for defendant: Timothy J. Buckley III, Kelly R. Webb Finley & Buckley PC, Thurbert E. Baker, Attorney General, and Reagan W. Dean, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A04A1786

    An expert's opinion regarding the proximate cause of an accident was not speculative and the expert's credibility was a matter for the jury to d

  • In the Interest of M. R.

    Publication Date: 2006-10-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Paul M. Ledbetter, Covington, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and John J. Martin, Conyers, for appellee.
    Case Number: A06A1059

    Clear and convincing evidence supported the juvenile court's determination that the children's deprivation would continue, despite the father's recent efforts to comply with his reunification case