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  • Esprit Log and Timber Homes v. Wilcox

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William L. Reilly, Blue Ridge, for appellant.
    for defendant: Michael H. Cummings II Cummings & Dillard, Clayton, for appellees.
    Case Number: A09A2215

    The evidence supported the jury's punitive damages award against plaintiff, because the plaintiff accepted the defendants' order knowing that it could not deliver on its promise to deliver pre-cut a

  • R. Larry Phillips Constr. Co. Inc. v. Muscogee Glass

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Burke A. Noble and Bruce A. Taylor Jr. Drew, Eckl & Farnham, Atlanta, for appellant.
    for defendant: William A. Erwin Powell & Erwin PC, Camilla, Jerry A. Buchanan, Trisha D. Hargrove Buchanan & Land, Columbus, Robert B. Hill, Ernest L. Beaton McLain & Merritt PC, Richard H. Hill Jr., Nicholas A. Hinson Mabry & McClelland LLP, Gregory H. Wheeler, Brent A. Meyer Carlock Copeland Semler & Stair LLP, Philip K. Lichtman Mills Paskert Drivers PA, Atlanta, and George L. Welborn Downey, Cleveland, Parker & Williams, Marietta, for Muscogee Glass et al.
    Case Number: A09A1744, A09A2050

    The right of contribution does not require a judgment against general contractor on the underlying action before its contribution suit can pr

  • In the Interest of J.N.

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Dennis G. Collard Kessler, Schwarz & Solomiany PC, Atlanta, for appellant.
    for defendant: John S. Husser, Rome, for appellee. Other party representation: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Kimberly P. Mullins, Dallas.
    Case Number: A09A1966

    The denial of the father's O.C.G.A. § 15-11-40 b modification petition, based on alleged changed circumstances, was directly appealable, because the denial itself was a final jud

  • Walsh v. State

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Christopher T. Polillo, Public Defender, placeCityMonroe, for appellant.
    for defendant: Eric C. Crawford, District Attorney, Monroe, and William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A09A2231

    The trial court abused its discretion in denying the defendant's motion for an out-of-time without holding an evidentiary hearing to determine who was responsible for failing to file a timely

  • Bell v. State

    Publication Date: 2010-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Reed Edmondson Jr., Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Clint C. Malcolm District Attorney's Office, Covington, for appellee.
    Case Number: A09A1660

    Trial counsel reasonably decided not to subpoena a witness due to conflicts with the defendant's misidentification de

  • State v. Willis

    Publication Date: 2010-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joseph K. Mulholland, District Attorney, and Leopold F. Joh, Assistant District Attorney, Bainbridge, for appellant.
    for defendant: Robert R. McLendon IV, Blakely, for appellee.
    Case Number: A09A1615

    No probable cause existed to execute a search warrant on defendant's house after untrue statements were removed from the agent's supporting affi

  • Brown v. State

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Kimberly M. Minicozzi, Assistant District Attorney, Covington, for appellee.
    Case Number: A10A0526

    The arresting officer properly stopped Brown for a motor vehicle sound volume violation and the totality of the circumstances gave the officer probable cause to arrest Brown fo

  • Frazier v. State

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn District Attorney's Office, Decatur, for appellee.
    Case Number: A10A0232

    The defendant could not directly appeal the denial of his motion to vacate and correct his senetnce, because he did not present a colorable claim that his sentence was

  • In the Interest of G.A.M.

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David R. Savoy, Cumming, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Atlanta, and Rochelle A. Doyle, Special Assistant Attorney General, Roswell, for appellee. Other party representation: Rebecca E. Capes, Cumming.
    Case Number: A09A2335

    The same evidence that showed parental misconduct established that the child's best interests required the termination of the mother's r

  • Over v. State

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Brian K. Fortner, Solicitor General, and Katherine L. Iannuzzi, Assistant Solicitor General, Douglasville, for appellee.
    Case Number: A09A2357

    The defendant failed to demand a speedy trial for 22 months after his arrest, was not incarcerated pretrial, was not unduly anxious about the pending accusations and showed only minimal prejudice f