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  • Cherwood Inc. d/b/a Pak Mail v. Marlin Leasing Corp.

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Warren R. Power, LeAnne P. Cooper and Jennifer S. Haskins Power, Futch & Cooper PC, McDonough, for appellant.
    for defendant: . Victoria J. Hoffman, Atlanta, for appellee.
    Case Number: A04A0083

    The general venue provision of the Georgia Constitution applies to a filing under the Uniform Enforcement of Foreign Judgment

  • Ford v. Tycam Home Builders Inc.

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert K. Prater, Newnan, for appellant.
    for defendant: . John E. Bellus Jr. Stone & Bellus PC, Atlanta, for appellees.
    Case Number: A04A0432

    The plaintiffs' third voluntary dismissal of their claims regarding faulty house construction operated as an adjudication on the merits under O.C.G.A. § 9-11

  • Lawrence v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Sharon D. Smith-Knox, Marietta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Fatima E. Ziyad, Sheila A. Connors, Assistant District Attorneys, and Rosemary W. Brewer DeKalb County District Attorney's Office, Decatur, for appellee.
    Case Number: A04A0450

    The victim and a cab driver both identified the defendant as the man who took the victim's purse as she walked across a parkin

  • Shepard v. State of Ga.

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Charles H. S. Lyons III, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Rebecca A. Wright, Assistant District Attorney, Augusta, for appellee.
    Case Number: A04A0837

    A women who attempted to challenge the forfeiture of the defendant's truck lacked standing to do so because she had no perfected security interest in the truck when it was

  • Stuart v. State

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Rodney L. Mathis, Calhoun, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, and Sharon M. Fox, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A04A0259

    There was no evidence that the trial court acted vindictively in sentencing the defendant more severely than it would have had the defendant plead guilty to all ch

  • Leventhal v. Cumberland Dev. LLC

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Herman Clark Clark & Clark, Ellijay, and Lee M. Bagel, Marietta, for Leventhal and others. Glen E. Stinson, Dallas, for Cumberland Dev. LLC. Other party representation: Hansell L. Smith Smith, Eubanks, Smith & Darden, and Mike D. Harrison, Marietta.
    for defendant:
    Case Number: A04A0699; A04A0700

    There was no evidence that the defendants agreed to a consent order drafted by the plaintiff's att

  • Hill v. State

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James S. Anderson Clarke & Anderson PC, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amy H. McChesney and H. Maddox Kilgore, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A0331

    The trial court properly denied the defendant's motion to withdraw his guilty plea to entering an automobile because the defendant failed to show that his counsel was defi

  • Williams v. Resurgens and Affiliated Orthopaedists

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: George A. Pennebaker and Omar R. Zamora Law Office of Pennebaker & Zamora, Dallas, for appellant.
    for defendant: . Jennifer G. Cooper and Jessica A. Ryan Gambrell & Stolz LLP, Atlanta, for appellee.
    Case Number: A04A0881

    Plaintiffs' service on an third party who worked at the same location as defendant's registered agent was insuffi

  • Crumpton v. State

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John E. Dalton Jr. and J. Stephen Gupton Jr. J. Stephen Gupton Jr. PC, Valdosta, for appellant.
    for defendant: Richard W. Shelton, Solicitor, and Sandra K. Sanders, Assistant Solicitor General, Valdosta, for appellee.
    Case Number: A04A0311

    No evidence supported the defendant's contention that the solicitor coerced him into entering a guilty plea to simply battery by offering him the choice of entering the plea or remaining in jail for

  • Sims v. State

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jo C. Nesset-Sale, Atlanta, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Patricia K. Atwill, Assistant District Attorney, Athens, for appellee.
    Case Number: A04A0063

    Some evidence supported the special jury's finding that the defendant was competent to stand trial, despite his l