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  • Rice v. Lost Mountain Homeowners Assoc. Inc.

    Publication Date: 2004-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: J. Andrew Rice and Kathryn W. Rice, Powder Springs, proceeded pro se. Richard W. Calhoun Brock, Clay, Calhoun, Wilson & Rogers, Marietta, for appellees.
    for defendant:
    Case Number: A04A1244

    The plaintiffs' 11-foot-high white vinyl fence violated the restrictive covenants applicable to their

  • Phillips v. State

    Publication Date: 2004-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Antonia Phillips, Springfield, proceeded pro se. William S. Askew, District Attorney, and May K. Mitchell, Assistant District Attorney, Swainsboro, for appellee.
    for defendant:
    Case Number: A04A0839

    The officers responding to a fight at a nightclub had probable cause to a the defendant based on one officer's independent knowledge that there were outstanding warrants for the defendant's a

  • Evans v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, Michael T. Saul and Amy K. Radley Forsyth County Solicitor's Office, Cumming, for appellee.
    Case Number: A04A0980

    The defendant was not in custody when she voluntarily submitted to field sobriety tests because the officer took no overt action to make the defendant reasonably believe she was under a

  • Taylor v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Steven B. Mizerak Lander & Osborne LLC, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A04A1259

    Defendant, a convicted felon, brandished a gun at officers who responded to a domestic distur

  • Jones v. Burks

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John G. Edwards and William D. Edwards, Valdosta, for appellant.
    for defendant: Mary K. Bahl, Valdosta, for appellee.
    Case Number: A04A1109

    In granting custody to the maternal grandmother, the trial court failed to make preliminary findings by clear and convincing that granting custody to the children's biological father would harm them

  • Paul v. Smith, Gambrell & Russell

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Frank J. Beltran and Douglas V. Chandler Beltran & Assocs., Atlanta, for appellant.
    for defendant: . Robert G. Tanner and Shawn D. Scott Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.
    Case Number: A04A0845

    When both conflicts of interest and the judgmental immunity defense are raised, a jury question as to judgmental immunity arises because proof of the existence of a conflict gives rise to the reason

  • Cochran v. State

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Mark A. Hinds, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Charles P. Boring, Assistant District Attorney, Newnan, for appellee.
    Case Number: A04A0667

    The victims' in-court identifications of defendant as one of the perpetrators corroborated his 17-year-old accomplice's test

  • Dudley v. State

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Thomas J. Gustinella, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Michael K. Dennard, Assistant District Attorney, Savannah, for appellee.
    Case Number: A04A0752

    Contrary to the defendant's contention, the record clearly showed that he knew his plea was non-negotiated and open-

  • Garmon v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: David E. Slemons, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A0616

    The evidence showed that the defendant was in knowing possession of the methamphet

  • Richardson v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jonathan R. Melnick, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A04A0212

    The inte ng officer explicitly misled the defendant into believing that the decision to arrest and charge him would hinge upon the content of his inte