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  • Frank v. State

    Publication Date: 2002-09-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David A. Fox Thompson, Fox, Joliff, Chandler & Homans, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, and Lisa A. Jones, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A02A1244

    O.C.G.A. § 40-6-391.2 expressly provided for forfeiture of defendant's car following her son's arrest as a habitual violator while driving th

  • In the Interest of C. R.

    Publication Date: 2002-09-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edward R. Downs Jr., Riverdale, for appellant.
    for defendant: Donald R. Foster, Kasey G. Wyatt Foster & Foster, and Teresa O. Weiner, Jonesboro, for appellee. Other party representation: Evan J. Black, Jonesboro.
    Case Number: A02A1067

    The right to lodge religious objections to a child's immunizations is not a residual parental right under O.C.G.A. § 15-

  • In the Interest of R. N. R., R. E. R., M. R. & C. C. II

    Publication Date: 2002-09-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edward R. Downs Jr., Riverdale, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Stephanie B. Hope, Special Assistant Attorney General, Atlanta, and Donald R. Foster Foster & Foster PC, Jonesboro, for appellee.
    Case Number: A02A1196

    Evidence that two of the mother's children —twin 2-year-old boys—weighed only 13 pounds when DFACS placed them in foster care and were unable to talk or crawl supported the juvenile court's order au

  • Bianco v. State

    Publication Date: 2002-09-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Herbert Shafer, Atlanta, for appellant.
    for defendant: . Philip C. Smith, District Attorney, and Rand J. Csehy, Assistant District Attorney, Cumming, for appellee.
    Case Number: A02A1134

    The officer was entitled to seize the baggy of methamphetamine in defendant's pocket under the plain feel doc

  • Walker v. State

    Publication Date: 2002-09-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jackie G. Patterson and Yasma M. Patterson Patterson & Patterson, LaGrange, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Katherine Diamandis, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A02A1247

    Defendant's uniform traffic citation was not a valid charging instrument for the offense of giving false information to a police of

  • Emilio v. State

    Publication Date: 2002-08-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lloyd J. Matthews, Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Alicia C. Gant, Assistant District Attorney, McDonough, for appellee.
    Case Number: A02A1202

    The trial court did not err in charging that amphetamine trafficking may be accomplished by possession of amphetamine or any mixture of amphetamine since O.C.G.A. § 16-13-31 e 2 treats both eq

  • Canal Ins. Co. v. Liberty Mut. Ins. Co.

    Publication Date: 2002-08-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Frank R. McKay Sartain, McKay & Crowell, Gainesville, for appellant.
    for defendant: Richard W. Hendrix and Michael A. Sullivan Finch, McCranie, Brown, Hendrix & Sullivan, Atlanta, for appellee.
    Case Number: A02A1373

    A worker's compensation insurer could not prove that the injured employee was fully and completely compensated when he settled his third-party tort action because the insurer did not intervene in th

  • Johnson v. Riverdale Anesthesia Assocs. PC

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Gary Hill Hill & Bleiberg, Atlanta, for appellant.
    for defendant: . H. Andrew Owen Jr., Amy J. Kolczak Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, and Larry K. Evans Evans & Evans, Griffin, for appellees. Amicus Appellant: Robert P. Monyak, Lucas W. Andrews Love, Willingham, Peters, Gilleland &Monyak, Philip C. Henry Henry, Spiegel, Fried & Milling LLP, Charles A. Mathis Jr. Middleton, Mathis, Adams & Tate PC, Atlanta, J. Vincent Cook Cook, Noell, Tolley, Bates & Michael, Athens, and Joel O. Wooten Jr. Butler, Wooten, Overby, Fryhofer, Daugherty & Sullivan, Columbus.
    Case Number: S01G1138

    The trial court properly excluded plaintiffs' irrelevant questions regarding what a defense expert would personally have done under the circumstances since the applicable standard of care is one emp

  • Smith v. Williams

    Publication Date: 2002-08-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jane N. Wilkes Sharon W. Ware & Assocs., Atlanta, for appellant.
    for defendant: Charles M. Morris, Powder Springs, for appellee.
    Case Number: A02A0874

    The trial court erred in conducting a bench trial in defendant's absence more than two weeks before the specially set trial

  • Hughes v. Putt Putt Golf and Games Inc.

    Publication Date: 2002-07-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Paula K. Hanington, Albany, for appellant.
    for defendant: William H. Hedrick Hodges, Erwin, Hedrick & Coleman, Albany, for appellee.
    Case Number: A02A0799

    The trial court did not err in stating the parties' contentions in its jury charge, even though some of those contentions were not supported by evi