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  • Stuart v. State

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Rodney L. Mathis, Calhoun, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, and Sharon M. Fox, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A04A0259

    There was no evidence that the trial court acted vindictively in sentencing the defendant more severely than it would have had the defendant plead guilty to all ch

  • Leventhal v. Cumberland Dev. LLC

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Herman Clark Clark & Clark, Ellijay, and Lee M. Bagel, Marietta, for Leventhal and others. Glen E. Stinson, Dallas, for Cumberland Dev. LLC. Other party representation: Hansell L. Smith Smith, Eubanks, Smith & Darden, and Mike D. Harrison, Marietta.
    for defendant:
    Case Number: A04A0699; A04A0700

    There was no evidence that the defendants agreed to a consent order drafted by the plaintiff's att

  • Wyman v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's for appellant.
    for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A04A0591

    The trial court was prohibited from participating in the plea negotiation process and lacked authority to accept a different plea so the trial court did not err in refusing to allow the defendant t

  • Singleton v. State

    Publication Date: 2004-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Patrick C. Kaufman, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Ann S. Williams, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A04A0784

    The defendant admitted possessing cocaine and told investigators that he generated $40 from drug sales on an averag

  • Tunnelite Inc. v. Estate of Rebecca Wight Cherry Sims

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert C. Koski The Koski Firm PC, Vincent M. Tilley and G. Roger Land, Atlanta, for appellant.
    for defendant: Shelby A. Outlaw The Outlaw Firm, Decatur, Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, James L. Paul and Michael S. Welsh Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellees. Other party representation: Vernitia A. Shannon and John A. Ayoub Fulton County Attorney's Office, Atlanta.
    Case Number: A03A1861

    An intrastate federal judgment does not need to be domesticated before it is recognized or attains lien status in Georgia state c

  • Galardi v. Steele Inman

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Aubrey T. Villines Jr. and Heidi A. Honis, Atlanta, for appellant.
    for defendant: . Spencer J. Krupp Spix, Krupp & Reece PC and Lawrence L. Bennett Jr., Atlanta, for appellant. Other party representation: O. Jackson Cook The Cook Law Office, Atlanta.
    Case Number: A03A2565

    The doctrine of respondeat superior does not apply in slander

  • Bradford v. State

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Demetria Williams DeKalb County Pub. Defender's Office, and Ruth Rocker, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, and David McLaughlin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A03A2442

    The indictment charging the defendants from t money from three named mortgagees on three specified dates sufficiently charged the crimes of theft by t

  • Traub v. Washington

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Julian H. Toporek, Savannah, for Traub. Walter W. Ballew III Barrow & Ballew PC, Savannah, for Connor. Thomas R. Mock Jr. Hawkins & Parnell LLP, Atlanta, for Washington. Other Party Representation: Richard A. Rominger and Edward R. Stabell III Brennan, Harris & Rominger, Savannah.
    for defendant:
    Case Number: A03A1371; A03A1429; A03A1400; A03A1576

    A jury question remained as to whether the defendant attorney committed fraud by contacting and representing the plaintiff's creditor in his successful pursuit of a debt his former client

  • Revis v. Jowers

    Publication Date: 2003-11-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Galen A. Mirate, Valdosta, for appellant.
    for defendant: . Keith H. Solomon, Douglas, for appellees.
    Case Number: A03A1078

    The first defendant no longer has legal interest in real property that her mother purchased at a foreclosure sale after the first defendant pledged her interest in the land as collateral for a loan

  • Weiss v. Old Republic Nat'l Title Ins. Co.

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John G. Parker, Brady S. McFalla Paul, Hastings, Janofsky & Walker, and Nicole L. Day Greenberg, Traurig LLP, Atlanta, for appellant.
    for defendant: William B. Brown and Jacqueline Marcucci Heyman & Sizemore LLC, Atlanta, for appellees.
    Case Number: A03A0247

    The plaintiffs did not waive their right to assert a claim for breach of ty of title by not filing a written objection pursuant to the terms of the sales contract because the provisions of the