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In the Interest of R. J.

Publication Date: 2011-04-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: H. Brannen Bargeron, Louisville, for mother. Marnique W. Oliver, Swainsboro, for father. Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Thomas J. O'Donnell, Special Attorney General, Milledgeville, for appellee. Other party representation: Christopher N. Dube Mafahhey Dube, Wrens.
for defendant:
Case Number: A10A1857; A10A1858

The juvenile court properly found that continued deprivation would likely cause serious harm to the children, based in part on the fact that both children had a current opportunity to achieve perman

Scarborough v. Hunter

Publication Date: 2011-03-11
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Brian C. Rank Sanders & Rank PC, Toccoa, for appellant.
for defendant: . James E. Cornwell Jr. Cornwell Law Offices, Toccoa, for appellees.
Case Number: S11A0346

O.C.G.A. § 50-13-19 h gives the trial court power to review the county Board of Commissioner's acts after the Board exercises iscretion to abandon a road, not to enjoin the Board from exercisin

Governors Towne Club Inc. v. J. W. Thomaston Inc.

Publication Date: 2011-03-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Scott M. Stevens Howe & Assocs. PC, Alpharetta, for appellant.
for defendant: Donald R. Hicks Riley, Rosner & McLendon LLC, Sandy Springs, John A. Williams Dietrick, Evans, Scholz & Williams and Daniel J. Weber, Atlanta, for appellee.
Case Number: A10A1620

The trial court erred in awarding judgment for a special lien and for default judgment based upon substituted service because the plaintiff's affidavit, pursuant to O.C.G.A. § 14-11-209 f, was defec

In the Interest of R.H., a child

Publication Date: 2011-02-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Jana L. Evans, Dallas, for appellant.
for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson Attorney General's Office, Atlanta, and Joseph T. Justice, Dallas, for appellee. Other party representation: Margret Loutit, Carrollton, and Joy Fuller CASA, Dallas.
Case Number: A10A2215; A10A2216

Evidence that the father physically abused his son, sexually abused his daughter, and neglected the children's hygiene supported the juvenile court's finding that the children were dep

In the Interest of D. M.

Publication Date: 2011-02-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Stephen M. Reba Barton Juvenile Defender Clinic Emory University School of Law, and Joshua R. Drexler Ford & Harrison LLP, Atlanta, for appellant.
for defendant: Gwendolyn K. Fleming, District Attorney, Elisabeth G. MacNamara, Assistant District Attorney, and Shera' C. Grant District Attorney's Office, Decatur, for appellee.
Case Number: A11A0021

The offenses of carrying a pistol without a license and possession of a handgun by a minor di merge because each required proof of at least one fact the other di

Vaughn v. State

Publication Date: 2011-02-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Stanley W. Schoolcraft III, Stockbridge, for appellant.
for defendant: Scott L. Ballard, District Attorney, Thomaston, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
Case Number: A10A1658

The victims' testimony sufficiently supported the defendant's convictions for child molestation and sexual exploitation of chi

January 13, 2011 | The American Lawyer

Kirkland Gets Harry Potter Infringement Suit Dismissed for Scholastic

If you're going to take on Harry Potter in the courtroom, you'd better be ready for a tough battle. In the latest legal fight over the literary phenomenon, a challenger who brought

1 minute read

Kesterson v. Jarrett

Publication Date: 2010-12-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: Charles A. Mathis Jr. The Mathis Law Firm and David F. Walbert Parks, Chesin, Walbert & Miller PC, Atlanta, for appellant.
for defendant: . Weymon H. Forrester Forrester & Brim, Gainesville, Thomas S. Carlock, Eric J. Frisch Carlock, Copeland, Semler & Stair, Atlanta, and Andrew H. Marshall, Athens, for appellees.
Case Number: A10A1452

The trial court harmlessly erred in not making an explicit finding that there was a substantial likelihood that the injured child's presence it the courtroom would cause the jury to be biased toward

State v. Ramirez-Herrara

Publication Date: 2010-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Gwendolyn K. Fleming, District Attorney, Michael S. Carlson, Assistant District Attorney, Decatur, and John E. Floyd Bondurant, Mixson & Elmore, Atlanta, for appellant.
for defendant: Ingrid J. McGaughey Public Defender's Office and Gerard B. Kleinrock, Decatur, for appellee.
Case Number: A10A0982

The trial court erred in granting a general demurrer based on the sufficiency of the evidence, because in considering a general demurrer, it is the legal sufficiency of the pleading, not the evidenc

Doctors Hosp. Surgery Ctr. LP v. Webb

Publication Date: 2010-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Brian K. Mathis Insley & Race LLC, John P. Mittelbach and Michael S. French Wargo & French LLP, Atlanta, for appellant.
for defendant: Stanley G. Jackson and Douglas M. Nelson, Augusta, for appellees. Other party representation: Victor Hawk, Augusta.
Case Number: A10A1317

Trial court abused its discretion in granting certification based on claims for injunctive relief in the form of continued medical monitoring for patients and spouses because certification under O.C