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  • Benefield v. Martin

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Jerry C. Carter Jr., Gainesville, for appellant.
    for defendant: Joel K. Tharpe, Ryan M. Reid, Gainesville, and Melody A. Glouton Webb, Tanner & Powell, Lawrenceville, for appellee.
    Case Number: A05A1719

    The plaintiff's claims against her brothers arising out of their administration of their parents' estates were within the probate court's jurisdi

  • In the Interest of C. M.

    Publication Date: 2005-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael L. Chidester, Byron, for appellant.
    for defendant: Andrew S. Foster, Macon, Thurbert E. Baker, Attorney General, and Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: A05A1951

    The father's health deficiencies, including asthma and emphysema, rendered him unable to adequately provide for his children's

  • Ely v. State

    Publication Date: 2005-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Bret E. Rudeseal, Shannon, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Charles S. Cox, Assistant District Attorney, Rome, for appellee.
    Case Number: A05A1535

    Even if the defendant could have impeached two witnesses with prior videotaped statements, which the state failed to disclose, other evidence supported his aggravated assault convic

  • Tucker v. State

    Publication Date: 2005-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A1675

    The victim identified the defendant as the woman who participated in the robbery at the victim's apar

  • Washington v. J. D. Royer Wholesale Florist

    Publication Date: 2005-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Charles E. Jones Jones and Oliver PC, Fort Valley, for appellant.
    for defendant: David A. Siegel Page, Scrantom, Sprouse, Tucker & Ford, Columbus, for appellee.
    Case Number: A05A1393

    The plaintiff had superior knowledge of the presence of a floor mat, on which he tripped while exiting the defendant's wholesale florist supply bus

  • Garibay v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Brian K. Fortner District Attorney's Office, Douglasville, for appellee.
    Case Number: A05A1347

    Evidence of the defendant's gang membership was admissible as part of the res gestae and to show his motive in committing the c

  • Fernandez v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Kevin W. Drummond, Carrollton, for Fernandez. Gerald P. Word Johnson, Word & Simmons, Carrollton, for Esparza. Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    for defendant:
    Case Number: A05A1046; A05A1047

    The defendants' nervousness and conflicting stories about why they traveled from California to Atlanta authorized the jury to find that they were aware of the 33 kilos of cocaine, which was hidden i

  • Builders Ins. Group Inc. v. Ker-Wil Enters. Inc.

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Charles L. Davis Jr. and Robert D. Ingram Moore, Ingram, Johnson & Steele, Marietta, for appellant.
    for defendant: Thomas L. Holder Long & Holder, Katherine D. Dixon Drew, Eckl & Farnham LLP and Morgan M. Cressman Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee.
    Case Number: A05A1350

    The Workers' Compens Act implicitly grants the State Board of Workers' Compens ancillary authority to resolve policy coverage issues when determining an employee's compens

  • In the Interest of A. B.

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: William H. Newton III, Rome, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Holly A. Bradfield, Rome, for appellee.
    Case Number: A05A1076

    The mother had a 20-year history of cocaine abuse, she tested positive for cocaine at the younger child's birth, she refused treatment and drug screens and she failed to provide a home for the chi

  • Williams v. Chick-fil-A Inc.

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: James M. Thompson and Larry I. Smith Thompson & Smith PC, Augusta, for appellant.
    for defendant: . Ashley F. Cummings, Matthew J. Calvert Hunton & Williams, Atlanta, and William T. Casey Jr. Hicks, Casey & Barber PC, Marietta, for appellees.
    Case Number: A05A0105

    There was no evidence showing that the corporate defendant and the operator of one of its restaurants were in a joint venture or other agency relationship at the time the operator ran a stop sign in