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  • Whooping Creek Construction LLC v. Bartow County Bank

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Thomas E. Parmer Price, Pyles, Dangle, Palmer & Rooks PC, Carrollton, for appellant.
    for defendant: William M. Akin Akin & Tate, Cartersville, for appellee.
    Case Number: A11A0574

    Factual issues remained as to whether a bank had actual knowledge that funds in question were being held for purpose of discharging a debt owed to the plai

  • Lee v. Shim

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: David C. Ates, Atlanta, for appellant.
    for defendant: Kevin T. Moore, Atlanta, for appellee.
    Case Number: A11A0063

    The State Court had jurisdiction over the plaintiffs' claim for unjust enrichment, even though equity jurisdiction is vested in the Superior Courts, since the plaintiffs claims of money had and rece

  • Thomas v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, and Brian A. Deal, Assistant District Attorney, Springfield, for appellee.
    Case Number: A11A0126

    The Court reversed the defendant's kidnapping conviction because the movement of the victim was incidental to the assault and did not isolate the victim from protection or r

  • Sanderson Farms Inc. v. Atkins

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Eric A. Collins, Valdosta, for appellant.
    for defendant: Nathan W. Kotas Goldberg & Dohan LLP, Atlanta, for appellee.
    Case Number: A11A0336

    A government inspector of a chicken factory was an invitee, not a licensee because the inspector's presence was predictable to the factory owner and allowed the owner to run its bus

  • Spann v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Brian K. Fortner, Solicitor General, Evelyn Proctor, Assistant Solicitor General, Douglasville, and Deah B. Warren C. F. Brock & Assocs. LLC, Austell, for appellee.
    Case Number: A11A0595

    The Court remanded the case for reconsideration in light of the recent decision in Davenport v. State, S10G1355 06/20/11 11 FCDR 1816 07/

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  • Donegan v. Davis

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Bryan C. Brunson and Brian K. Panessa Panessa & Assocs. LLC, Atlanta, for appellant.
    for defendant: . Kristin L. Hall Law Office of Sharon Chester Barnes, Atlanta, for appellee.
    Case Number: A11A0507

    An unemancipated minor cannot sue a parent for negligence, and the record did not show the parent was so cruel as to forfeit parental r

  • Gonzalez v. State

    Publication Date: 2011-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Niria D. Baggett Baggett & Dominguez, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and W. Jay Hughes District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A11A0246

    The trial court was not required to declare a mistrial sua sponte when a juror reported independently understanding the translated testimony because there was no evidence that the juror communicated

  • Davis v. Wallace

    Publication Date: 2011-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Michael B. King, Jonesboro, for appellant.
    for defendant: William T. Mitchell, Jennifer G. Cowart Cruser & Mitchell, Norcross, and Terry L. Strawser Shivers & Assocs., Alpharetta, for appellees.
    Case Number: A11A0081

    The plaintiff was not entitled to a default judgment because some of the defendants timely filed answers in federal before the case was remanded back to state

  • Handy Andy of Eastman Inc. v. Evans

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Chad K. Reed, Marietta, for appellant.
    for defendant: W. Dennis Mullis, Cochran, for appellees.
    Case Number: A11A0523

    Strict compliance with O.C.G.A. § 44-14-367's notice language is req

  • Lowe v. State

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Vincent J. Faucette, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A11A0505

    Testimony by a sheriff's investigator familiar with procedures and a witness identifying defendant as the caller was sufficient foundation for the admission of recorded phone calls from