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  • Moxley v. Moxley

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Philip T. Raymond III and Susan D. Raymond Shaffer, Raymond & Dalton, Macon, for appellant.
    for defendant: Carmel W. Sanders, Macon, for appellee.
    Case Number: S06F1183

    The trial court did not abuse its discretion in admitting a financial affidavit, which the nd prepared several months before trial, since the affidavit was relevant to the wife's claims that th

  • Massey v. Butts County

    Publication Date: 2006-11-17
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Newton M. Galloway, John C. Torri and Terri M. Lyndall Galloway & Lyndall, Griffin, for appellant.
    for defendant: Kenneth G. Lawrence, Douglas R. Ballard Jr. Fears, Lawrence & Turner PC and Denise F. Hemmann, Jackson, for appellees.
    Case Number: S06G0207

    The trial court correctly dismissed the plaintiff's judicial appeal of the county's issuance of a building permit, because the plaintiff did not demonstrate special damage to himself or his pro

  • Holsey v. State

    Publication Date: 2006-11-10
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Clark C. Adams Jr., Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Jarrell H. P. Schley District Attorney's Office, Columbus, Thurbert E. Baker, Attorney General, and Laura D. Dyes, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A1046

    The defendant shot his wife's brother, pursued his wife, assaulted her, dragged her into the house by her hair, beat her with the gun and tried several times to shoot her, failing only because the g

  • Coleman v. Coleman

    Publication Date: 2006-10-27
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael S. Kimbrough Dupree King & Kimbrough, Marietta, for appellant.
    for defendant: Gregory J. Konke Atlanta Law Assocs., Marietta, for appellee.
    Case Number: S06A0954

    Order in divorce action remanded for trial court to articulate the basis for its decision to not allow any redress to the parties, if they chose not to be present at the final divorce he

  • Blitch v. State

    Publication Date: 2006-10-27
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Wayne L. Burnaine, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Sabrina Nizam and James H. Wall, Assistant District Attorneys, Lawrenceville, for appellee.
    Case Number: S06A1500

    The officer did not violate the defendant's Fourth Amendment rights when he asked for consent to search her vehicle during a valid traffic stop for a seatbelt viol

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    State Antitrust Law

    Authors: William T. Lifland

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  • Mobley v. Jackson Chapel Church a/k/a Jackson Chapel United Methodist Church

    Publication Date: 2006-10-27
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John R. McCown, Jeffrey N. Woodard and Stephen B. Farrow Minor, Bell & Neal, Dalton, for appellant.
    for defendant: . Ivy S. Duggan Brinson, Askew, Berry, Seigler, Richardson & Davis, and Frank H. Jones, Rome, for appellee.
    Case Number: S06A1407

    The plaintiff acquired adverse possession over the disputed property by using it for church purposes, including a cemetery, for over 20

  • Department of Corrections v. Chatham County

    Publication Date: 2006-10-13
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, William W. Banks Jr., Assistant Attorney General, and John B. Ballard Jr. State Law Dep't, Atlanta, for appellant.
    for defendant: . R. Jonathan Hart, Emily E. Garrard, Chatham County Attorneys, and Steven E. Scheer, Savannah, for appellant. Amicus appellee, Overtis H. Brantley, Willie J. Lovett, Rolesia B. Dancy, Sandreea L. Woods, Fulton County Attorney's Office, Atlanta, and Charles W. Byrd Walker, Hubert , Gray, Byrd & Christy, Perry, Joseph A. Homans Fox, Chandler, Homans, Hicks & McKinnon, Gainesville, and Cheryl H. Kelley Fox, Chandler, Homans, Hicks & McKinnon, Dawsonville.
    Case Number: S06A0862

    The only action a trial court can take on remittitur is to make the judgment of the appellate court the judgment of the trial court and to enter judgment accord

  • Swain v. Thompson

    Publication Date: 2006-10-13
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William R. Teague McKenna, Long & Aldridge LLP, Atlanta, for appellant.
    for defendant: John E. Smith III and Matthew G. Braddy Jay, Sherrell, Smith & Braddy PC, Fitzgerald, for appellee.
    Case Number: S06A1310

    The appellant inexcusably failed to timely serve the mayor-elect of the city of Fitzgerald with his petition contesting the el after O.C.G.A. § 21-2-252 a's five day limitation for filing an e

  • Chubbuck v. Lake

    Publication Date: 2006-10-13
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Bruce F. Morriss and Daniel Shim Morriss, Lober & Dobson LLC, Atlanta, for appellant.
    for defendant: Rosemary S. Armstrong Burton & Armstrong LLP, Atlanta, for appellee.
    Case Number: S06F0676

    The trial court erred in permitting testimony concerning the contents of the parties' prenuptial agreement after determining that the agreement was void and unenforc

  • Harper v. Harper

    Publication Date: 2006-10-13
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William M. Akin Akin & Tate LLC, Cartersville, for appellant.
    for defendant: C. King Askew and Ansel F. Beacham III, Brinson, Askew, Berry, Seigler, Richarson & Davis, Rome, for appellees.
    Case Number: S06A1097

    No evidence showed that the decedent either expressly or impliedly revoked his March 6 2001 will, which his widow filed for pr