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Publication Date: 2009-12-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: John C. Cheshire Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
for defendant: Scott L. Bonder Fried & Bonder and Jeffrey H. Schneider Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellee.
Case Number: A09A1278
The plaintiffs lacked standing to bring a quia timet action, because the plaintiffs did not assert that they had title to the property at
Publication Date: 2009-11-13
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Glenn P. Hendrix, Jason E. Bring, Robert T. Strang III, William J. Rissler Arnall, Golden & Gregory LLP and Charles L. Gregory, Atlanta, for appellant.
for defendant: . Lance D. Lourie and Stephen Chance Watkins, Lourie, Roll & Chance LLP, Atlanta, for appellee.
Case Number: S09G1005
"OCGA § 31-33-2 a 2 B authorizes a surviving spouse to act on behalf of the decedent or his estate in obtaining medical records" and the subsection "necessarily implies that, when there is no execut
Publication Date: 2009-10-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Robert P. Hoyt Deming & Hoyt PC, Cumming, for appellant.
for defendant: Eric S. Chofnas, Alpharetta, for appellee.
Case Number: S09A1320
The legal rem available to the appellant did not offer relief as full and complete as the available equitable rem
Publication Date: 2009-10-16
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant.
for defendant: Rebecca A. Wright, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
Case Number: S09A0855
The mentally ill defendant made his statement knowingly and volunt
Publication Date: 2009-06-19
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Karen H. Summerlin, Glenn Whitley Reinhardt, Whitley, Summerlin & Pittman, Tifton, Walter H. New, Quitman, Donna P. Bergeson and Angela T. Burnette Alston & Bird, Atlanta, for appellant.
for defendant: O. Wayne Ellerbee The Ellerbee Law Firm, Wade H. Coleman Coleman Talley LLP, Valdosta, Marc T. Treadwell, Caroline W. Herrington Adams, Jordan & Treadwell PC, Macon, Thomas M. Burke Jr. and Anthony A. Rowell Hall, Booth, Smith & Slover PA, Tifton, for appellees.
Case Number: S09G0466
The Court held that a doctor's credentialing files are discoverable that they do not "involve a peer review or medical review committee's evaluation of actual medical services provided by
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Publication Date: 2009-06-19
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Milton B. Satcher III, Melissa R. Phillips Reading and H. Andrew Owen Jr. Owen, Gleaton, Eagan, Jones & Sweeney LLP, Atlanta, for appellant.
for defendant: Steven R. Thornton and Lyle Warshauer Warshauer, Poe & Thornton PC, Atlanta, for appellee. Amicus Appellant: Donald J. Palmisano Jr. Medical Assoc. of Ga., Robert P. Monyak, Jeffrey S. Bazinet Peters & Monyak LLP, Aubrey T. Villines Jr. McGarahan, Villines & Honis and Heidi A. Honis, Atlanta. Amicus Appellee: J. Marcus Edward Howard Pope & Howard PC, Atlanta.
Case Number: S08G2016
Georgia does not recognize the common law doctrine of informed co
Publication Date: 2009-04-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Natalie M. Christensen, David J. Marmins and Lucy W. Ranking Balch & Bingham LLP, Atlanta, for appellant.
for defendant: William D. NeSmith III Barnes, NeSmith & Eidson, Americus, for appellees.
Case Number: A08A2138
The facts did not support the imposition of a constructive trust on 461 acres of real property in Wilcox county, of which the plaintiff conveyed his 1/2 interest to his son in order to receive socia
Publication Date: 2009-04-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Steven K. Leibel, Dahlonega, for appellant.
for defendant: . Shun Daugherty and Terrell W. Benton III Hall, Booth, Smith & Slover PC, Atlanta, for appellee.
Case Number: A08A2122
The jury charges as given provided a full and correct statement of the law regarding the standard of care, which applied to all of the professional health care providers involved, and were not confu
Publication Date: 2009-04-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: E. Davison Burch, Athens, and James W. Boswell III King & Spalding, Atlanta, for appellant.
for defendant: Bruce P. Brown, James A. Washburn, Jeffrey R. Baxter McKenna, Long & Aldridge LLP, Atlanta, and J. Vincent Cook Cook, Noell, Tolley, Bates & Michael, Athens, for appellees.
Case Number: A08A1789
The plaintiff failed to submit its dispute regarding the defendants' refusal to allow the plaintiff and its medical oncologists to participate as approved health care providers for the defendants' H
Publication Date: 2009-04-03
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Sammie M. Mitchell McKee & Mitchell, Newnan, for appellant.
for defendant: Gus L. Wood III Wood, Odom & Edge PA, Newnan, for appellee.
Case Number: S08F1582
The trial court did not abuse its discretion in selecting the father as the final decision-maker regarding the children's education, membership in organizations and other extracurricular activities
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