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  • Holland v. Holland

    Publication Date: 2004-05-14
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Randall M. Clark, Brunswick, for appellant.
    for defendant: Dennis J. Strickland Sr. Strickland & Garmon, Waycross, for appellee.
    Case Number: S04A0382

    The propounder of the was entitled to j.n.o.v. following the jury's verdict denying probate where there was no evidence supporting any grounds asserted for invalidating the

  • Welch v. Welch

    Publication Date: 2004-05-14
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David A. Webster, Atlanta, and Michael H. Cummings Cummings & Dillard, Clayton, for appellant.
    for defendant: Richard Tunkle English, Tunkle & Smith, Clayton, for appellee.
    Case Number: S04F0476

    The trial court did not abuse its discretion in awarding custody of the couple's children to the father who resided in the county where the children were born and raised, over the mother who moved o

  • Bales v. State

    Publication Date: 2004-04-09
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Morris H. Wiltshire Jr. Garcia, Rose & Wiltshire LLC, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, William M. Overend, Assistant District Attorney, Athens, Thurbert E. Baker Jr., Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0057

    Trial counsel's decision not to have a ballistics expert conduct a pre-trial examination of the victim's shirt was a matter of trial ta

  • Lamar County v. E. T. Carlyle Co.

    Publication Date: 2004-04-02
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Newton M. Galloway, Dean R. Fuchs Smith, Galloway, Lyndall & Fuchs, Griffin, and Tamara Jacobs Lindsey & Jacobs, Barnesville, for appellant.
    for defendant: . George E. Butler II, Dahlonega, and James A. Vaughn Vaughn, Wright & Stearns LLP, Forsyth, for appellee.
    Case Number: S03A1740

    Plaintiff is not entitled to mandamus relief granting its application to locate a construction and demolition lan in a county that already accepts C&D in its existing lan

  • Kennedy v. State

    Publication Date: 2004-02-27
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael C. Garrett Garrett & Gilliard PC, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A1378

    The jury was authorized to find that the 19-month-old victim suffered pain from the medical examiner's testimony that her death resulted from repeated and intentional blunt force trauma to the

  • Collins v. State

    Publication Date: 2004-01-30
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Derrick L. Collins, Waycross, proceeded pro se. Daniel J. Craig, District Attorney, Augusta, for appellee.
    for defendant:
    Case Number: S04A0122

    O.C.G.A. § 17-9-4 did not apply to the defendant's "Motion to Hold Void Judgments Mere Nullity and to Expunge Such Void and Null Judgments" because his claim that the trial court erred in instructin

  • Canoeside Properties Inc. v. Livsey

    Publication Date: 2003-12-12
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Frank W. Virgin Slaughter & Virgin PC, Atlanta, for Canoeside Properties. Michael P. Froman, Atlanta, for Livsey. Overtis H. Brantley, County Attorney, John A. B. Ayoub and Vernitia A. Shannon, Atlanta, for Ferdinand.
    for defendant:
    Case Number: S03A0966; S03A1155

    International Indem. Co. v. Robinson, 231 Ga. App. 236 1998 is overruled to the extent that it hold that an interlocutory appeal of an order that is dismissed due to a procedural default has a res j

  • State v. Varner

    Publication Date: 2003-12-12
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker and Bret E. Pinion, Assistant District Attorneys, Atlanta, for appellant.
    for defendant: D. Todd Wooten, Atlanta, for appellee.
    Case Number: S03A0936

    The state meets its obligation under the speedy trial demand statute so long as it retries a case that ends in mistrial during the remainder of the term in which the mistrial occurred or, if there a

  • Progressive Preferred Ins. Co. v. Ramirez

    Publication Date: 2003-12-05
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael L. Morgan Shur, McDuffie, Williams & Morgan, Atlanta, and Laurence J. Rabinovich Schindel, Farman & Lipsius LLP, New York, for appellee. Gus L. Wood III Wood, Odom & Edge PA, Newnan, for appellee.
    for defendant:
    Case Number: S03Q0854

    An insurer's liability to a third party injured by its insured is based on the insurance policy itself, as opposed to liability based on the minimum coverage imposed by law, when a Form E endorsemen

  • Union County v. CGP Inc.

    Publication Date: 2003-12-05
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Dana K. Maine and Paul B. Frickey Freeman, Mathis & Gary LLP, Atlanta, for Union County. John W. Harbin, Simon H. Bloom and Bryan E. Busch Powell, Goldstein, Frazer & Murphy, Atlanta, for CGP Inc.
    for defendant:
    Case Number: S03A0669; S03X0670

    A county's flood ordinances are not subject to municipal zoning regulations since they apply to all property in county subject to specified physical phenomenon-periodic flooding in this