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  • Dinh v. Crosby

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: J. Patrick Claiborne, Augusta, for appellant.
    for defendant: James T. Plunkett Plunkett & Plunkett, Augusta, for appellee.
    Case Number: A03A2091

    Where some evidence supported the trial court's finding that the defendant was properly served, the Court could not disturb the trial court's ruling on a

  • Waters v. Stewart

    Publication Date: 2003-10-03
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Elizabeth A. White and Wiley A. Wasden III Brennan & Wasden, Savannah, for appellant.
    for defendant: John R. Ferrelle, Brunswick, and Inman G. Hodges Oliver, Maner & Gray, Savannah, for appellee.
    Case Number: A03A1447

    O.C.G.A. § 9-11-9.1's 45-day extension for the filing of an expert affidavit was automatically triggered because the statute of limitation was to expire within 10 days of the date the complaint was

  • Rose v. State

    Publication Date: 2003-10-03
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Mark R. Gaffney, Stone Mountain, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A03A2187

    Defense counsel was not deficient for failing to make a futile motion to suppress evidence seized from a car in which the defendant no longer had any expectation of pr

  • State v. Brantley

    Publication Date: 2003-10-03
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Richard H. Taylor, Solicitor, Brunswick, for appellant.
    for defendant: Robert L. Crowe Lane & Crowe PC, Brunswick, for appellee.
    Case Number: A03A2144

    An officer may obtain consent for more than one type of chemical test and then elect which test will be administered, as long as the defendant's right to an independent chemical test is

  • State v. Burrell

    Publication Date: 2003-10-03
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Thomas J. Campbell, District Attorney, Calhoun, and Mickey R. Thacker, Assistant District Attorney, Cartersville, for appellant.
    for defendant: William P. Holley III Holley & Holley, Marietta, for appellee.
    Case Number: A03A2070

    The trial court erred in quashing the counts of an indictment that charged the defendant ggressive driving against three separate victims because aggressive driving is a specific intent crime

  • Pritchett v. Merritt

    Publication Date: 2003-10-03
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Alexander G. Hait Hait Law Offices, Woodstock, for appellant.
    for defendant: Tim Merritt, Austell, proceeded pro se.
    Case Number: A03A1080

    A trial court cannot adjudicate custody issues in a legitimation proceeding without the parties' co

  • Mary A. Stearns P.C. v. Murphy

    Publication Date: 2003-09-26
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Mary A. Stearns-Montgomery, Marietta, for appellant.
    for defendant: Clarence O. Taylor IV Huff, Woods & Hamby, Marietta, for appellee. Other Party Representation: Larry H. Tatum, Snellville.
    Case Number: A03A1967

    An attorney may not prejudice a client by withholding the client's papers as security for unpaid

  • Sellers v. State

    Publication Date: 2003-09-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Timothy P. Healy and Nina M. Svoren Healy & Svoren, Toccoa, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, and Richard K. Bridgeman, Assistant District Attorney, Carnesville, for appellee.
    Case Number: A03A2103

    The identification of a minor victim by initials in a charging document is insufficient to put the defendant on notice of the particular person against whom the crimes were allegedly comm

  • Houston v. Bedgood

    Publication Date: 2003-09-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William P. Eiselstein Miller & Martin, Edward R. Still Ballard & Still LLP, Atlanta, and Jeffrey Zager Miller & Martin LLP, Nashville, Tenn., for appellant.
    for defendant: . William F. Jourdain, John R. McCown, Jonathan Bledsoe Minor, Bell & Neal PC, Dalton, for appellee. Other Party Representation: H. Andrew Owen Jr., Amy J. Kolczak Owen, Gleaton, Egan, Jones & Sweeney LLP, Thomas E. Magill, Atlanta, and Warren N. Coppedge Jr. Coppedge & Leman PC, Dalton.
    Case Number: A03A1933

    The physician who issued a DOT Medical Examiner's Certificate certifying that his patient was physically fit to operate a commercial vehicle owed no duty of care to the decedent when the patient die

  • Bonakies v. State

    Publication Date: 2003-09-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Thomas S. Robinson III, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Alvera A. Wheeler, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A03A1802

    The defendant's plea in bar and motion for acquittal based on his speedy trial demand were properly denied because he failed to comply with the provisions of O.C.G.A. § 17-