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  • Magby v. Riverdale

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Michael B. King, Jonesboro, for appellant.
    for defendant: Ronald J. Freeman Johnson & Freeman LLC, Union City, Deana S. Johnson and Joseph R. Buller III Insley & Race LLC, Atlanta, for appellees.
    Case Number: S10A1147

    Both Georgia law and the City of Riverdale's charter authorize City Code § 68-33-1, which requires every business operating within the city to pay an annual occupatio

  • Robinson v. Boyd

    Publication Date: 2010-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: George E. Duncan Jr. and Jennifer C. Adair Duncan & Adair, Atlanta, for appellant.
    for defendant: . William J. Mueller The Mueller Law Firm LLC, Atlanta, for appellee.
    Case Number: S10G0084

    Although the waited nearly five years after filing the original action-almost seven years after expiration of the statute of limitation-to perfect service of the original complaint, Hobbs v. Arthur,

  • Fidelity Nat'l Title Ins. Co. v. Keyingham Invs. LLC

    Publication Date: 2010-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Jeffrey H. Schneider Weissman, Nowack, Curry & Wilco PC and James B. McClung Carol Clark Law, Atlanta, for appellant.
    for defendant: . Ezra B. Jones III Pendergast & Jones PC, Atlanta, and David J. Reed, Roswell, for appellees.
    Case Number: S09G1783

    The documents, which were satisfactory to the defendant prior to closing, and whose language created an interest in the land or mortgage to be insured, were signed, delivered and recorded, which fu

  • Long v. State

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1322

    The defendant's convictions for aggravated assault should have merged into his armed robbery convictions, since there was no element of aggravated assault, which required proof that was not containe

  • Holland v. Holland

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Donald L. Cook McGee & Oxford LLP, Atlanta, for appellant.
    for defendant: John L. Collar Jr. and Amy K. Sullivan Boyd Collar Nolen & Tuggle LLC, Atlanta, for appellee.
    Case Number: S10A1158

    Paragraph 7 b parties' post-nuptial agreement stated that the appellant was required to reimburse his ex-wife for her separate $98K investment in their lake house solely ' "from his 50 share

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Sweatman v. State

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Edward J. Chase III and Dasha M. Jackson, Atlanta, for appellant.
    for defendant: Paul L. Howard, District Attorney, Bettieanne C. Hart, Deputy District Attorney, Stephany J. Luttrell, Lenny I. Krick, Assistant District Attorneys, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S10A1211

    The defendant failed to show prejudice from the presumptively prejudicial 5-year delay from her arrest on charges of murder and other crimes arising from her 19-month-old son's death until denial of

  • Spalding County Bd. of Elections v. McCord

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: James R. Fortune Jr. Beck, Owen & Murray, Griffin, and Intisar H. Rashid Rashid & Associates PC, Atlanta, for appellant.
    for defendant: Wayne B. Kendall, East Point, for appellee.
    Case Number: S10A0864

    Electors do not have to state any reason for casting a vote via absentee b

  • Davis v. Davis

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Louie B. Hendricks, Stone Mountain, for appellant.
    for defendant: John E. Pirkle, Hinesville, for appellee.
    Case Number: S10A2070

    The appellant's case, seeking imposition of a constructive trust on her interest in the appellee's military retirement ts, involved the partition of personal property in the form of retirement

  • Mills v. State

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant. Ashley Wright, District Attorney, Augusta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0844

    The trial court did not err in refusing to charge on the affirmative defense of accident, since the defendant's use of a firearm in this case constituted criminal negli

  • Mullin v. Roy f/k/a Mullin

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Gregory D. Golden Kupferman & Golden, Atlanta, for appellant.
    for defendant: Teresa A. Mann Mann & Moran PC, East Point, for appellee.
    Case Number: S10F1120

    The trial court had discretion to order a lump-sum child support payment under the circumstances of this