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Publication Date: 2010-10-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Mark A. Barber Baker, Donelson, Bearman, Caldwell & Berkowitz PC, W. Scott Henwood Hall, Booth, Smith & Slover PC, Duane L. Cochenour, Atlanta, and Michael M. Calabro, Alpharetta, for Conklin. Mary A. Cooper and R. Clay Porter Dennis, Corry, Porter & Smith LLP, Atlanta, for Acceptance Indemnity Ins. Co. Other party representation: Robert A. Cowan The Cowan Law Firm LLC, Dalton.
for defendant:
Case Number: A10A1424; A10A1425
The third-party driver, who caused the accident in question, used the insured car for a purpose that bore no relation to the use granted by the insured, thus, the driver was not a second permittee u
Publication Date: 2010-10-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Linnie L. Darden III Jones, Osteen, Jones & Arnold, Hinesville, for appellant.
for defendant: Julia A. Slater, District Attorney, and Jennifer E. Dunlap, Assistant District Attorney, Columbus, for appellee.
Case Number: A10A1704
The Court of Appeals partially vacated the judgment on the defendant's convictions for attempted child molestation conviction and other crimes, because the state's act of striking two African-Americ
Publication Date: 2010-10-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Charles A. Mathis Jr. and Susan M. Cremer The Mathis Law Firm, Atlanta, for appellant.
for defendant: . Douglas A. Wilde, Tyrone, for appellees.
Case Number: A10A2008
Since a wrongful death action is separate and distinct from an action for pain and suffering, the trial court erred when it set off a judgment for an estate's claim for pain and suffering by an amou
Publication Date: 2010-10-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Britton G. White and Edward R. Stabell III Brennan, Harris & Rominger LLP, Savannah, for appellant.
for defendant: Virginia E. Patterson, Rincon, for appellee.
Case Number: A10A1373
The plaintiff, a guest of the property tenants, failed to show that the landlord had superior knowledge of any defects in the steps that may have caused her fall and i
Publication Date: 2010-10-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Stuart A. Kurtz, Marietta, for appellant.
for defendant: Justin B. O'Dell Cauthorn Nohr & O'Dell, Gilder H. Howard Sr., Marietta, and Michael E. McLaughlin, Atlanta, for appellee.
Case Number: A10A1951
The parties' divorce decree disposed of the ex-wife's contribution claim and there was probable cause for her arrest, so the ex-husband was entitled to summary judgment on her claims for false arres
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Publication Date: 2010-10-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, and Lenny I. Krick, Assistant District Attorney, Atlanta, for appellant.
for defendant: Matthew T. McNally, Atlanta, for appellee.
Case Number: A10A1354
The trial court properly granted the defendant's motion to suppress his confession, since the testimony of the officers that they read the defendant his Miranda rights, before taking his confession,
Publication Date: 2010-10-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Jerry L. Collier, Decatur, proceeded pro se. Denise D. Arnold and Cecily J. McLeod Zwicker & Associates PC, Lawrenceville, for appellee.
for defendant:
Case Number: A10A1624
When a trial court grants a default judgment in open court and the defendant fails to submit a transcript of the hearing, the default judgment must be affirmed as the defendant has failed to show an
Publication Date: 2010-10-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: R. Napier Murphy and Adam J. Hand Murphy & Sibley PC, Macon, for appellant.
for defendant: Thomas W. Herman Westmoreland, Patterson, Moseley & Hinson LLP, Macon, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
Case Number: A10A1216
An employer must strictly comply with the 60-day notice requirements set forth in O.C.G.A. § 34-9-104 and Board Rule 104 when seeking to reduce benefits following a work re
Publication Date: 2010-09-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: J. Ransom Wilkinson, Lawrenceville, for appellant.
for defendant: Sherwin P. Robin Reynolds & Robin PC and Corinne A. McIntosh Bouhan, Williams & Levy LLP, Savannah, for appellee.
Case Number: A10A1123
The appellee failed to establish it was the real party in interest to sue on the con
Publication Date: 2010-09-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Jonathon J. Majeske and Jonathan H. Fain, Atlanta, for appellant.
for defendant: . Steven M. Jampol North Atlanta Law Group PC, Alpharetta, for appellee.
Case Number: A10A1756
The trial court did not abuse it's discretion in granting an interlocutory injunction ordering the former manager of an adult daycare c to hand over control of the c
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