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  • Eagle West LLC v. Georgia Dep't of Transp.

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mark W. Forsling Schreeder Wheeler & Flint, Atlanta, for appellant. Samuel S. Olens, Attorney General, Mary J. Volkert, Assistant Attorney General, and Joanna M. Campbell Georgia Department of Transportation, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1349

    The DOT properly denied permit applications for outdoor advertising signs adjacent to an interstate in an unincorporated area because the sign locations were within the 500 foot blocked out zone for

  • Meredith v. Thompson

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles M. McDaniel Jr., Tonya F. Stokes Carlock, Copeland & Stair LLP, Kyler L. Wise Beloin, Brown, Blum & Baer LLC, Larry M. Dingle Wilson, Brock & Irby LLC, James B. Manley Jr., Jill C. Kuhn McKenna, Long & Aldridge, Atlanta, and John K. Eldridge Haynes and Boone LLP, Houston, Texas, for appellants. Adam P. Princenthal, Craig C. Knowles, Gary B. Andrews Andrews, Knowles & Princenthal LLC, Ralph I. Knowles Jr., Leslie J. Bryan Doffermyre Shields Canfield Knowles & Devine LLC, Donald D. Stack Stack & Associates PC and Robert B. Jackson IV, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1053

    The defendants were not required to affirmatively disprove that they engaged in the particular acts about which the plaintiffs complained in order to prevail on a motion for summary jud

  • Ahmad v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Travis A. Williams Public Defender's Office, Gainesville, for appellant. Lee Darragh, District Attorney, and Lindsay H. Burton, Chief Assistant District Attorney, Gainesville, for appellee.
    for defendant:
    Case Number: A11A1174

    It was reasonable for the police to impound the defendant's vehicle and inventory its contents to protect the defendant's pro and to protect against claims of lost or stolen pro

  • Shelley v. State

    Publication Date: 2011-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant. Brian K. Fortner, Solicitor General, and Sherrill N. Britt, Douglasville, for appellee.
    for defendant:
    Case Number: A11A2172

    The trial court did not err in denying the defendant's motion to suppress, as the evidence supported a finding that a supervisory officer implemented the roadblock at which the defendant was stopped

  • Dunbar v. Ertter

    Publication Date: 2011-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bruce W. Phillips, Marietta, for appellant. Hylton B. Dupree Jr. Dupree & Kimbrough LLP, Marietta, Ronne G. Kaplan and Jean M. Kutner, Atlanta, for appellees. Other party representation: Susan A. Hurst Bogart & Bogart PC, Atlanta.
    for defendant:
    Case Number: A11A0933

    The juvenile court's long-term cu order prevented the superior court from exercising jurisdiction over a subsequent petition for permanent cu

  • Mitchell v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven A. Miller, Summerville, for Mitchell. Lance D. Dutton Public Defender's Office, Cartersville, for Dawson. Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    for defendant:
    Case Number: A11A0901; A11A0902

    One defendant did not show that his counsel was ineffective in also representing the other, as he failed to establish that counsel actively represented conflicting inte

  • Sipplen v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Mark T. Phillips Phillips & Nemajovsky PC, Albany, for appellant. J. David Miller, District Attorney, and Tracy K. Chapman, Assistant District Attorney, Valdosta, for appellee.
    for defendant:
    Case Number: A11A1965

    The trial court harmlessly erred in charging the jury that only the slightest movement could support the asportation element of the kidnapping offense, since the evidence demonstrated that asportati

  • Morey v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, and Lawrence W. Daniel, Atlanta, for Morey. Louis M. Turchiarelli, Marietta, for Evans. Patrick H. Head, District Attorney, Jason D. Marbutt and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    for defendant:
    Case Number: A11A0787; A11A1342

    The trial court did not abuse its discretion in admitting evidence including gang re es because the defendants were charged with engaging in criminal street gang activity and, even though the r

  • Villanueva v. First Am. Title Ins. Co.

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Derick C. Villanueva, Atlanta, for appellants. Frederic S. Beloin and Charles W. Brown Beloin & Associates LLC, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1344

    In a case of first impression, the Court held that a legal malpractice claim for financial loss, involving solely the right of property, is assig

  • Williams v. Cobb County Farm Bureau Inc.

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George H. Connell Jr. Dennis, Corry, Porter & Smith, Atlanta, for appellant. Duke R. Groover, Marty K. Senn James, Bates, Pope & Spivey LLP, Macon, Joseph C. Parker and Kelley E. Webb Downey & Cleveland LLP, Marietta, for appellees.
    for defendant:
    Case Number: A11A0904

    To support a claim of age discrimination, a plaintiff must show that, but for his age, he would not have been fired, and the plaintiff's former employers testified that their sole consideration for