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  • Cox v. Athens Reg'l Med. Ctr. Inc.

    Publication Date: 2006-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Dennis T .Cathy, Edward E. Strain III, David A. Sleppy Cathey & Strain, Cornelia, Bryan A. Vroon and John W. Crongeyer Vroon & Crongeyer LLP, Atlanta, for appellant.
    for defendant: . J. Edward Allen Jr. Fortson, Bentley & Griffin PA, Athens, Emmet J. Bondurant, Michael B. Terry Bondurant, Mixson & Elmore, Atlanta, and Edward D. Robertson Jr. Bartimus, Frickleton, Robertson & Obetz PC, Jefferson City, Mo., for appellee.
    Case Number: A06A0341

    The plaintiffs were not entitled to declaratory relief, since all possible rights between the parties had accrued and all possible obligations had att

  • Norris v. State

    Publication Date: 2006-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James J. Anagnostakis, Douglasville, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrolton, for appellee.
    Case Number: A06A0377

    The trial judge did not participate in the plea process when he responded negatively to defense counsel's requests for assurance that he would not sentence the defendant to more than the state's 30-

  • Sledge v. Peach County

    Publication Date: 2006-01-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lawrence C. Collins Collins & Aromatorio PC, Byron, for appellant.
    for defendant: Thomas P. Allen III Martin Snow LLP, Macon, for appellees.
    Case Number: A06A0356

    In determining a disputed boundary, a fence and hedgerow that were in place for more than 40 years constituted ancient landmarks whose location controlled over the description in the

  • Carden v. Carden

    Publication Date: 2005-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert L. Mack Jr., Jonesboro, for appellant.
    for defendant: Donald F. DeFoor DeFoor & Jones, and Adam G. Jett Jr. Jett & Liss, Douglasville, for appellee.
    Case Number: A05A0853

    Consent order involving real property in Fulton county was unenforceable, since it failed to sufficiently identify the property under the statute of f

  • Turner v. State

    Publication Date: 2005-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A2016

    The trial court did not reversibly err in instructing the jury during its Allen charge that the case "must be decided by a

  • Speed v. Muhanna

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David N. Krugler, Andrew B. Cash Cash, Krugler & Fredericks LLC, and Charles A. Mathis Jr., Atlanta, for appellant.
    for defendant: Wade K. Copeland Courtney A. Buxton Carlock, Copeland, Semler & Stair, Atlanta, for appellee. Other party representation: John K. Train IV Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Emmitte H. Griggs Chambless, Higdon & Carson, H. Andrew Owen Jr. Jones & Sweeney, Hunter S. Allen Jr. Allen & Weathington PC, Atlanta, and Bonnie L. Baker Meadows & Futch PC, Stockbridge.
    Case Number: A05A1042

    The plaintiff's attorney in a premises liability action had actual and apparent authority to release any current or future medical malpractice claims against his treating physician in exchange for h

  • Drake v. State

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Willie C. Weaver, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Christopher S. Cohilas, Assistant District Attorney, Albany, for appellee.
    Case Number: A05A1527

    The defendant stole items from the victims' trucks and pawned them shortly after the c

  • Smith v. State

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Debra M. Finch and Benjamin A. Pearlman University of Georgia Legal Aid Clinic, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Patricia K. Atwill, Assistant District Attorney, Athens, for appellee.
    Case Number: A05A1363

    Burchette v. State, 278 Ga. 1 2004, which disapproved certain language in the Allen charge given in the defendant's case and was decided seven months after defendant's trial, is not retroa

  • Graham v. State

    Publication Date: 2005-05-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A1085

    Although security officers engaged in the disapproved practice of informing the victim that they believed she had made the correct choice in selecting the defendant from a photo array, their comment

  • Johnson v. Allen

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: M. Steven Heath and Josh B. Wages Blasingame, Burch, Garrard, Bryant & Ashley, Athens, for Johnson. E. Wycliffe Orr Sr. and Spence Johnson Orr & Orr, Gainesville, for Allen and others. F. Kytle Frye III, Rhonda R. Wilcox Fisher & Phillips LLP, Atlanta, for Atlas Cold Storage Inc.
    for defendant:
    Case Number: A05A0235; A05A0236

    The defendant was entitled to summary judgment on the plaintiffs' fraud claims, alleging that they were inappropriately monitored while in the restroom at the company he managed, because the plainti