• McMichael v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.

    Case Number: A10A2010

    Trial counsel's decision to use only the witness's most recent conviction for impeachment purposes at trial was a matter of trial ta

  • Wade v. State

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lawrence W. Daniel, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, W. Thomas Weathers III and James A. Dooley, Assistant District Attorneys, Douglasville, for appellee.

    Case Number: A10A1813

    The defendant drove his blind nephew to Atlanta to purchase

  • Scott v. State

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James D. Lamb, Columbus, for appellant.
    for defendant: Julia A. Slater, District Attorney, and LaRae D. Moore, Assistant District Attorney, Columbus, for appellee.

    Case Number: A10A1661

    The state may not comment upon a defendant's silence or failure to come forward, as such comments are more prejudicial than probative, and defense counsel's failure to object to the prosecutor's com

  • Jackson v. State

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, and William T. Kemp III District Attorney's Office, Decatur, for appellee.

    Case Number: A10A1735

    When the state begins a trial without sufficient evidence go convict and a mistrial is granted over the defendant's objection, a defendant's plea of double jeopardy should be sustained, even in the

  • Exum v. Norfolk S. Ry.

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James R. Holland II Wettermark, Holland & Keith, Birmingham, Ala., for appellant.
    for defendant: F. Kennedy Hall Hall, Bloch, Garland & Meyer, Macon, for appellee.

    Case Number: A10A1774

    The trial court did not abuse its discretion in dismissing the plaintiff's complaint for willfully failing to respond to discovery req

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Desmear Systems Inc. v. Vines

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Melvin T. Johnson, Stone Mountain, and K. Rochelle Laroche The Action Johnson Law Group LLC, Atlanta, for appellant.
    for defendant: A. Paul Moore Jr. Carlock, Copeland & Stair LLP, Atlanta, for appellee.

    Case Number: A10A1910

    If a real estate contract's financing contingency is not met, the contract is not binding and is unenforceable for lack of mutu

  • Companion Property & Cas. Group v. Tutt Contracting Inc.

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Alexander Yusupov Hays & Potter PC, Atlanta, for appellant.
    for defendant: John M. Brown, Augusta, for appellee.

    Case Number: A10A1953

    The Court reversed the grant of summary judgment in favor of appellee since there was conflicting evidence which created an issue of

  • Mattox v. State

    Publication Date: 2010-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Leslie S. Jones, Assistant District Attorney, Athens, for appellee.

    Case Number: A10A1794

    The state was not required to show a substantial step toward committing and the evidence presented at trial authorized the jury to infer that the defendant had the requisite intent to

  • Johnson v. State

    Publication Date: 2010-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Valerie T. Bryant, Assistant Public Defender, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Jessica W. Clark, Assistant District Attorney, Valdosta, for appellee.

    Case Number: A10A1944

    The defendant, who abandoned his ve by parking in a stranger's driveway and fleeing the scene while leaving the ve s door open, lacked standing to challenge the search of the ve

  • Helms v. Franklin Builders Inc.

    Publication Date: 2010-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Wendel L. Bowie, Atlanta for appellant.
    for defendant: Gregory K. Hecht Hecht Mack & Harris PC, Stockbridge, for appellees.

    Case Number: A10A1162

    Equitable estoppel barred the plaintiff's claims for negligent construction and breach of warranty, arising from a new home purchase and sales agreement, which mandated arbitr