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  • Waldron v. State

    Publication Date: 2013-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Shannon Kyle and Gerard Kleinrock Public Defender's Office, Decatur, for appellant.
    for defendant: Sherry Boston, Solicitor General, and Steven Johnston Solicitor General's Office, Decatur, for appellee.
    Case Number: A13A0116

    Evidence obtained during a DUI stop was admissible at trial, as the officer had a reasonable suspicion to stop the defendant's vehicle to investigate a burglary in pro

  • Altman v. Pilcher

    Publication Date: 2013-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: H. Lehman Franklin, Statesboro, for appellant.
    for defendant: . Warren Coppedge Coppedge & Evans PC, Dalton, and W. Scott Brannen Hal Roach Jr. PC, Statesboro, for appellees.
    Case Number: A12A2182

    Although the trial court properly determined that attorneys' fees were recoverable under the parties' settlement agreement, it erred in determining the amount of such fees

  • First Congregational Church v. Fulton Cnty. Bd. of Tax Assessors

    Publication Date: 2013-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jason Wright and John Vitale Morris, Manning & Martin LLP, Atlanta, for appellant.
    for defendant: Cheryl Ringer and Shalanda Miller Fulton County Attorney's Office, Atlanta, for appellee.
    Case Number: A12A2535

    A church's income-producing parking lot did not qualify for an exemption from ad valorem property taxation, as the property was rented, leased, or otherwise used for the primary purpose of securing

  • Wilann Props. I LLC v. Georgia Power Co.

    Publication Date: 2013-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge:
    Attorneys: For plaintiff: Richard Hubert Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: Robert Brinson and Alison Warren Brinson Askew Berry Seigler Richardson, Rome, for appellee.
    Case Number: A12A2198

    The description and boundaries of two easements, which a power company had across the defendant's property, were clearly established, since the indefinite right-of-way became definite by the actual

  • WCI Props. Inc. v. Community & S. Bank

    Publication Date: 2013-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Clifford Lancey, Ellijay, for appellant.
    for defendant: . Melinda Agee Stites & Harbison PLLC, Atlanta, for appellee.
    Case Number: A12A1804; A12A1806; A12A1807

    The trial court properly confirmed the foreclosure sales as the evidence supported the conclusion that the properties sold for at least their true market

  • Law Journal Press | Digital Book

    Library of California Medical Malpractice Forms

    Authors: Mitchell Law Group, Jeffrey S. Mitchell, Esq., Rebecca L. Byrne, Esq., Mika J. Brown, Paralegal

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  • Henderson v. Sugarloaf Residential Prop. Owners Ass'n Inc.

    Publication Date: 2013-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Sean Libby and Alisa Cleek Elarbee, Thompson, Sapp & Wilson, Atlanta, for appellant.
    for defendant: . Marvin Pastel, Eric Coleman Winter Capriola Zenner, LLC, Kenneth Sisco Law Offices of Ian R. Rapaport, and Hayes Dever Friedman, Dever & Merlin, Atlanta, for appellee.
    Case Number: A12A2055

    Nothing in the relevant declaration of covenants, conditions and restrictions for the residential subdivision in which the plaintiffs owned two adjoining lots permitted the home owners association

  • Losey v. Prieto

    Publication Date: 2013-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Rickman Brown, Atlanta, for appellant.
    for defendant: Johannes Kingma, Shannon Sprinkle Carlock, Copeland & Stair LLP, Christine Mast, and Matthew McLaughlin Hawkins Parnell Thackston & Young LLP, Atlanta, for appellees.
    Case Number: A12A2254

    The fee agreement between the plaintiff and his attorneys constituted clear evidence that the parties agreed to rate any dispute arising out of the agreement, including the enforceability of th

  • United Cmty. Bank v. Pack

    Publication Date: 2013-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Catherine Banich Stites & Harbison PLLC, Atlanta, for appellant.
    for defendant: Bruce Phillips, Marietta, and John Pennington, Helen, for appellees.
    Case Number: A12A2423

    The divorce decree between the appellee and his former wife did not have the full force and effect of a deed as to the subject property, which the appellee pledged as security for loans from the ap

  • HWA Props. Inc. v. Community & S. Bank

    Publication Date: 2013-03-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Matthew Brooks Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: . Bret Thrasher Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: A12A1866

    The trial court erred in confirming the foreclosure sale since it based its determination that the property sold for its true market value on inadmissible he

  • Villanueva v. First Am. Title Ins. Co.

    Publication Date: 2013-03-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Hugh C. Wood Wood & Meredith LLP, Tucker, for appellant.
    for defendant: . Amicus Appellant: James R. Evans McKenna, Long & Aldridge LLP, and Robin F. Clark, Atlanta. Frederic S. Beloin and Charles W. Brown Beloin, Brown, Blum & Wise LLC, Atlanta, for appellee. Amicus curiae: Kenneth L. Shigley Chambers, Aholt & Rickard LLP, Paula J. Frederick, General Counsel State Bar of Georgia, Atlanta, Patrick T. O'Connor, and Robert B. Lingle Oliver Maner LLP, Savannah.
    Case Number: S12G0484

    A legal malpractice claim for financial loss, involving solely the right of property, is assig