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  • Flores v. State

    Publication Date: 2011-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Christopher C. Taylor Hernan, Taylor & Lee LLC, Norcross, for Flores. Jerome Lee Hernan, Taylor & Lee LLC, Norcross, for Lopez. Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.
    for defendant:
    Case Number: A10A1828; A10A1829

    The evidence did not support the first defendant's convictions because there was no presumption of drug posse

  • Davenport v. State

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Cinque M. Axam Axam-Roberts Legal Group, Riverdale, for Davenport. Robert L. Mack Jr. Mack & Harris PC, Stockbridge, for Walsh. Tracy G. Lawson, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellee.
    for defendant:
    Case Number: A10A1750; A10A1751

    The trial judge did not err in commenting on venue and the open-container charge after both the state and defense rested because the comments were made outside the jury's presence, the case was reop

  • Ursulita v. State

    Publication Date: 2011-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Christopher C. Taylor and Jerome Lee Hernan, Taylor & Lee LLC, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Stephen A. Fern, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A1733

    Georgia does not recognize an inconsistent verdict rule, which would permit a defendant to challenge the factual findings un ng a guilty verdict on one count as inconsistent with the findings u

  • Triple Eagle Assocs. Inc. v. PBK Inc.

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: S. Renee Huskey and Cary Ichter Ichter Thomas LLC, Atlanta, for appellant.
    for defendant: Ann M. Vaughn, Kenya L. Patton and Jack C. Lance Jr., Blairsville, for appellees.
    Case Number: A10A0988

    The trial court erred in holding that a settlement agreement requiring property to be "marketed" within a "suitable period of time" was unenforceable for lack of certainty and definit

  • Giacomantonio v. Romagnoli

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John M. Gross and Ramsey A. Knowles Taylor English Duma LLP, Atlanta, for appellant.
    for defendant: . Walter H. Bush Jr. and Christopher B. Freeman Carlton Fields PA, Atlanta, for appellees.
    Case Number: A10A1934

    The appellant could ssert that he was entitled to injunctive relief, which would maker parts of the parties' restaurant operation and supply companies' operating agreements invalid, since he di

  • White v. State

    Publication Date: 2010-07-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0580

    The evidence supported the defendant's conviction for concealing a death, since he hindered discovery of the facts that the victim was dead from an unlawful homicide when he removed her body from th

  • Henderson v. Schklar

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edward C. Henderson Jr. Taylor English Duma LLP, for appellant.
    for defendant: . William B. Ney Schklar, Ney & Heim LLC, Atlanta, for appellee.
    Case Number: A10A0719

    The appellants breach the parties' settlement agreement twice when they tendered a dishonored check to a third party and later failed to make a required installment pa

  • Porter v. Massarelli

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Craig T. Jones Page Perry LLC, Atlanta, for appellant.
    for defendant: Darren T. Horvath Taylor English Duma LLP, Atlanta, for appellee.
    Case Number: A09A1955

    A police officer was not entitled to summary judgment on grounds of immunity, because the evidence raised an issue of material fact regarding whether officer acted unreasonably in shooting plaintiff

  • Atlanta Oculoplastic Surgery PC v. Nestlehutt

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jonathan C. Peters, Melissa B. Johnson Peters & Monyak LLP, Thomas S. Carlock and Eric J. Frisch Carlock Copeland & Stair LLP, Atlanta, for appellant.
    for defendant: Michael B. Terry, Sarah M. Shalf Bondurant, Mixson & Elmore LLP, James D. Summerville The Bird Law Group PC, Frank A. Ilardi Houck, Ilardi & Regas LLC and Rosser A. Malone, Atlanta, for appellees.
    Case Number: S09A1432

    The damage cap in O.C.G.A. § 51-13-1 unconstitutionally infringed upon the right to a jury trial, because it undermined the jury's basic function as factfinder by nullifying any portion of a jury's

  • Perez v. Atlanta Check Cashers Inc.

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: John M. Gross, Corey N. Cutter Taylor English Duma LLP, Atlanta, Kimberly N. Martin, and Thomas F. Martin Martin & Martin LLP, Tucker, for appellant.
    for defendant: Harvey S. Gray, Michael D. St. Amand Gray, Rust, St. Amand, Moffett & Brieske, Robert M. Darroch, Summer J. Hughes Goodman, McGuffey, Lindsey & Johnson LLP, Atlanta, and Jonathan A. Weintraub, Decatur, for appellees.
    Case Number: A09A2114

    The trial court did not abuse its discretion in denying class certification to the plaintiff, because some evidence supported the trial court's determination that individual factual issues would pre