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  • Pilz v. Monticello Ins. Co.

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerald M. Edenfield Edenfield & Cox PC, and Marc M. Bruce, Statesboro, for Pilz and others. Stephen C. Andrews Bodker, Ramsey & Andrews, and W. Wray Eckl Drew, Eckl & Farnham, Atlanta, for Monticello Ins. Co. William K. McGowen Franklin, Taulbee, Rushing, Bunce & Brogdon, Statesboro, for Thibodeau and others.
    for defendant:
    Case Number: A04A0140; A04A0141

    Claims of negligent performance of a contractual obligation, negligence, negligence per se, negligent retention and intentional infliction of emotional distress fell within the "assault and battery"

  • In the Interest of R. H.

    Publication Date: 2004-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Earle J. Duncan III, Glennville, for appellant.
    for defendant: John T. Durden, Jr., District Attorney, and Claira E. Mitcham, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A04A0766

    The juvenile was with three other boys when a can of paint was taken from a middle school construction site and he had paint on his hands when police stopped

  • Hammond v. Carnett's Inc.

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Marc B. Hershovitz, Michael K. Jablonski, Atlanta, Roy E. Barnes and John F. Salter Jr., Marietta, for appellant.
    for defendant: Richard C. Foster Hicks, Casey & Barber PC, Marietta, for appellee. Other party representation: Robert B. Hocutt, Mark D. Lefkow Nall & Miller LLP, Isaac Byrd, Deputy Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, and Daniel S. Walsh, Assistant Attorney General, Atlanta.
    Case Number: A03A2487

    The trial court abused its discretion in finding that the plaintiff failed to satisfy the numerosity, commonality, typicality and superiority requirements for class certification in her action broug

  • Moore v. State

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Render M. Heard Jr., Tifton for appellant.
    for defendant: Clifford P. Bowden, District Attorney, and Bradford L. Rigby, Assistant District Attorney, Tifton, for appellee.
    Case Number: A03A1792

    Evidence that the victim was aware that the defendant had just taken her wallet from the child seat of a grocery cart supported his conviction for robbery by sudden snat

  • Wachovia Bank of Ga. v. Namik

    Publication Date: 2004-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William J. Linkous Jr., Nicole J. Wade and David G. Ross Powell, Goldstein, Frazer & Murphy, Atlanta, for Wachovia. Robert J. Kaufman, Stephen R. Klorfein, Charlotte K. Perrell and Jason S. Adler Kaufman, Chaiken, Miller & Klorfein LLC, Atlanta, for Namik et. al. Other party representation: Bertram L. Levy Arnall, Golden & Gregory, Atlanta.
    for defendant:
    Case Number: A03A2198, A03A2199

    A bank had no duty, as trustee of a customer's simple revocable living trust, to provide estate tax planning a

  • Smith v. Chatham County

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William K. Carmichael and Rachel Humphrey Stokes, Lazarus & Carmichael LLP, Atlanta, for appellant.
    for defendant: . Emily E. Garrard and R. Jonathan Hart, Savannah, for appellees.
    Case Number: A03A1133

    The county did not waive its official immunity under O.C.G.A. § 33-24-51 b by instituting a self-insurance fund to pay out injury claims for which it assumed liab

  • In the Interest of D.L.W.

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michele W. Ogletree and Harold A. Sturdivant Sullivan, Sturdivant & Ogletree PC, Griffin, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, and LeAnne P. Cooper Power, Futch & Cooper PC, McDonough, for appellee. Other party representation: Karen M. Calloway, Fayetteville.
    Case Number: A03A1607

    The mother's history of mental illness supported a finding that her child was dep

  • Thompson v. State

    Publication Date: 2003-10-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: L. Elizabeth Lane, Macon, for appellant.
    for defendant: Kelly R. Burke, District Attorney, Katherine K. Lumsden and Amy E. Smith, Assistant District Attorneys, Perry, for appellee.
    Case Number: A02A1456

    The Court of Appeals adopted the Supreme Court's judgment that the doctrine of admissions in judicio does not apply to prove

  • Yates v. State

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John L. Land Newton County Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla v. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A03A1272

    Defendant's sentence requiring him to serve time in a probation detention center did not violate the constitutional prohibition on ex post facto laws, even though the sentencing statute in effect wh

  • Thompson v. State

    Publication Date: 2003-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kevin Gough, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A02A0525

    The Court of Appeals adopted the Supreme Court's opinion that the trial court erred in considering defendant's prior guilty pleas for sentencing purposes after the state conceded that the defendant