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Publication Date: 2005-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Robert E. Keller, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellant.
for defendant: Paul S. Weiner, Jonesboro, and Rolf A. Jones Kaine & Jones, Atlanta, for appellees.
Case Number: A05A1104
The defendant's consent to the search of his vehicle was voluntary because when he initiated further discussion with the officer after a citation had been issued and all documentation returned to h
Publication Date: 2005-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Henry D. Fellows Jr. and Laurie E. Dugoniths Fellows, Johnson & La Briola LLP, Atlanta, for appellant.
for defendant: . Norman J. Slawsky Jacobs & Slawsky, Mary C. Cooney, Atlanta, and Grady K. Dukes, McDonough, for appellees.
Case Number: A05A1131
The boards of three city of Atlanta defined benefit pension plans have the authority to hire a third party administrator to handle the administration of the pension benefits and to obtain advice fro
Publication Date: 2005-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: William A. Wall, Jefferson, and Patrick J. Gibbs, Roswell, for appellant.
for defendant: Warner R. Wilson Jr. Wilson & Epstein, Atlanta, and Daniel E. Tranen Wilson, Elser, Moskowitz, Edelman & Dicker, Chicago, Ill., for appellees.
Case Number: A05A1228
The defendant insurance company was entitled to summary judgment on the plaintiff's promissory estoppel claim because it could not have reasonably expected that she would rely on its alleged promise
Publication Date: 2005-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Robert U. Wright and Edward C. Henderson Jr. Schklar, Wright & Henderson LLC, Atlanta, for appellant.
for defendant: . Lori G. Cohen Greenberg Traurig LLP, Atlanta, for appellees.
Case Number: A05A1195
The plaintiffs presented some expert evidence showing that, if the defendants had abided by the applicable standard of care, the first plaintiff would not have lost her unborn fetus and would not ha
Publication Date: 2005-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Rose M. Cottrell, Philadelphia, Penn., proceeded pro se. Thurbert E. Baker, Attorney General, Stefan E. Ritter, Assistant Attorney General, and Penny Hannah State Law Dep't, Atlanta, for appellee.
for defendant:
Case Number: A05A1331
The appellant's total failure to pay the costs of her appeal for nearly two years was inexcusable and unreaso
Law Journal Press | Digital Book
Authors: Robert F. Connolly, MST, Susan K. Dromsky-Reed, Jeffrey D. Gordon, Tiffany Wagner Donio, Frances B. Stella, Alysse Mcloughlin, Kathleen Quinn
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Publication Date: 2005-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: J. Kenneth Moorman and Howard J. Russell Weinberg, Wheeler, Hudgins & Dial, Atlanta, for Rabun & Assocs. F. Carlton King Jr. King & Croft and Walter R. Tanner Jones, Day, Reavis & Pogue, Atlanta, for Berry. Frederick A. Johnson, Duluth, for Gudaitis.
for defendant:
Case Number: A05A1079; A05A1080
The plain language of the parties' renovation contract was ineffective to shift the risk of loss to the plaintiffs' er for rainwater damage, since the mandatory ance provision required onl
Publication Date: 2005-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Bernadette C. Crucilla, Macon, for appellant.
for defendant: Howard Z. Simms, District Attorney, and Eugene Felton Jr., Assistant District Attorney, Macon, for appellee.
Case Number: A05A1517
The defendant's convictions for felony obstruction of an officer were supported by evidence that the officers were lawfully discharging their duties and had probable cause to arres
Publication Date: 2005-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: George T. Jackson Jackson & Schiavone, Savannah, for appellant.
for defendant: Spencer Lawton Jr., District Attorney, Jennifer L. Parker and George R. Asinc, Assistant District Attorneys, Savannah, for appellee.
Case Number: A05A1541
The Georgia Constitution does not prohibit a free air search by a drug-sniffing dog during a valid traffic stop, even in the absence of probable cause to suspect illegal drug act
Publication Date: 2005-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Joseph W. Jones Jr., Greenville, for appellant.
for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Robert N. Peterkin, Assistant District Attorney, Greenville, for appellee.
Case Number: A05A0914
The defendant pulled up the 13-year-old victim's shirt, touched her breast, pulled her shorts down and tried to penetrat
Publication Date: 2005-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Kathleen J. Anderson, Winder, for appellant.
for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
Case Number: A05A1407
The state laid a proper foundation for admission of the crime lab test results, even in the absence of testimony from the evidence custodian, since the state showed that the crime lab evidence arriv
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