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  • Campbell v. Coates

    Publication Date: 2002-03-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William L. Lundy Jr., Charles E. Morris Jr. Parker and Lundy, and W. Wright Gammon Jr. Gammon and Anderson, Cedartown, for appellant.
    for defendant: J. Clinton Sumner Jr., Susan D. Taylor Magruder & Sumner, Rome, Lanny B. Bridgers and Steven J. Estep King & Spalding, Atlanta, for appellee.
    Case Number: A01A2377

    The evidence supported the trial court's conclusion that plaintiff did not properly serve defendant through his son pursuant to O.C.G.A. § 9-11-

  • Cherokee County v. Martin

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Theodore Freeman, Dana K. Maine Feeman, Mathis & Gray, Atlanta, and John D. Thalhimer, Staff Attorney, Marietta, for appellant.
    for defendant: . James S. Teague Brockman & Teague LLC, Cumming, and Joel L. Larkin Sams & Larkin, Marietta, for appellee.
    Case Number: A01A0265

    The county's failure to make the zoning of plaintiff's property expressly conditional on co ce with his plan to build an assisted living facility prevented the county from insisting on strict c

  • Atlanta Affordable Hous. Fund Ltd. Partnership v. Brown b/n/g Tascena Jennings

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Corliss S. Lawson Lord, Bissell & Brook, and Earnest Redwine Devlin & Robinson PC, Atlanta, for appellant.
    for defendant: . Thomas W. Malone, Stuart B. Houck, Rosser A. Malone Thomas W. Malone PC, and Sheryl L. Burke, Atlanta, for appellees.
    Case Number: A01A1768

    Defendants were not entitled to a directed verdict, j.n.o.v. or new trial based on their claim that a 9-year-old's conduct was the sole proximate cause of her injuries since causation is a jury matt

  • Dolensek v. State

    Publication Date: 2002-01-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Sharon L. Hopkins, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, David K. Keeton, Assistant District Attorney, Lawrenceville, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1610

    The trial court properly excluded irrelevant evidence of prior threats made by the man whose actions allegedly started the fight which resulted in the victim's death, even though defendant relied on

  • Smith v. State

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John T. Strauss, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A01A2404

    A co-conspirator's taped telephone conversations that took place within 1 hours of the crime were admissible, even though the statements related to past facts, since the state presented independent

  • Hayes v. State

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Hugh O. Morris Jr., Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Gregory W. Edwards, Chief Assistant District Attorney, Albany, for appellee.
    Case Number: A01A1690

    The trial court properly admitted the victim's tape recorded interview with police because she testified at trial and defendant had an opportunity to cross-examin

  • Eichelberger v. State

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: J. Alfred Johnson, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Richard H. Kimberly Jr. and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A01A2357

    The arresting officers had probable cause suspicion to stop the vehicle defendant was riding in based on the driver's attempt to flee after an officer initiated blue lights and siren to stop the veh

  • In the Interest of K. S. K.

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stephen E. Garner Murphy, Murphy & Garner, Bremen, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, Ana M. Rountree, Dallas, and Thomas M. Witcher, Bremen, for appellee.
    Case Number: A02A0360

    Clear and convincing evidence supported the termination of the mother's parental rights where she attempted suicide while pregnant with the child, gave birth to the child while in prison and was add

  • Mijares v. State

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ricky W. Morris Jr., Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, James L. Wright III and Thomas R. McBerry, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A01A2384

    The officer's actions in approaching the defendant and in asking if he could pat him defendant down did not rise to the level of a Terry

  • In the Interest of A. D. L. III

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William G. Maston, Savannah, for appellant.
    for defendant: Adam P. Cerbone and Lawrence E. Madison, Savannah, for appellee.
    Case Number: A01A2350

    Evidence that the biological father failed to pay court-ordered child support for 19 months and failed to contact his son for 20 months prior to the termination hearing supported the termination of