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  • 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

  • Pendley v. Southen Reg'l Med. Sys. Inc.

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Donald W. Johnson The Johnson Law Firm, Fayetteville, for appellant.
    for defendant: . Lori G. Cohen, R. Scott Campbell Greenberg Traurig LLP, Paul E. Weathington and Stanley P. Riepe The Weathington Firm, Atlanta, for appellee.
    Case Number: A10A0869

    No evidence showed that the decedent's attending doctor was anything other than an independent contractor working for the defendant hos

  • Johnson v. Leibel

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Richard L. Brittain, Wendell R. Bird Bird & Assocs., Atlanta, Jenny E. Jensen and Richard E. Harris Jones, Jensen & Harris, Norcross, for Johnson. Michael J. Goldman, Christine L. Mast, Joseph H. Wieseman Hawkins & Parnell LLP, Michael J. Bowers and David J. Marmins Balch & Bingham, Atlanta, for Liebel. Other party representation: Peter H. Schmidt II Taylor, Odachowski, Sperry & Crossland LLC, St. Simons Island.
    for defendant:
    Case Number: A10A1047; A10A1048

    The trial court erred in granting a new trial in a legal malpractice case, because a juror's failure to disclose during voir dire that appellant attorney represented the plaintiff in a 1992 case aga

  • Santos v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A2311

    The defendant's repeated refusal to keep his hands away from the pockets of his baggy clothes, his nervous demeanor, the presence of his two companions and the officer's knowledge of the pattern of

  • Gilbert v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: James C. Bonner Georgia Public Defender Standards Council Appellate Division, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, for appellee.
    Case Number: A10A1403

    The defendant did not have standing to contest the trial court's grant of use immunity to his codefendant because it was not part of the proceedings agains

  • Naraine v. City of Atlanta

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Horatio O. Edmondson and Yemane K. Clarke, Stone Mountain, for appellant.
    for defendant: Laura Sauriol, Tamara N. Baines and Tressa P. Marryshow City of Atlanta Law Dep't, Atlanta, for appellee.
    Case Number: A10A0862

    The city of Atlanta was entitled to sovereign immunity from the plaintiff's action alleging that the city negligently maintained a fountain and failed to remove ice from a city sidewalk, causing her

  • Jaffray v. State

    Publication Date: 2010-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: George C. Creal Jr., Forest Park, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A10A1256

    Evidence of defendant's alcohol consumption, a positive AlcoSensor result, a BAC between 0.073 and 0.085 and the trooper's opinion testimony that the defendant was under the influence of alcohol to

  • Davis v. State

    Publication Date: 2010-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Robert E. Perrine Jr., Americus, for appellant.
    for defendant: Plez H. Hardin, District Attorney, and Daniel P. Bibler, Assistant District Attorney, Americus, for appellee.
    Case Number: A10A1631

    The defendant pointed a gun at a teen and demanded money, then followed the teen to his aunt's house with the gun pointed at the teen's

  • Hall v. State

    Publication Date: 2010-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Long D. Vo, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    Case Number: A10A2064

    The arresting officer did not unreasonably prolong a traffic stop for following too cl