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Publication Date: 2010-04-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Robert D. Alexander Jr. Davidson, Hopkins & Alexander, Jefferson, Armando L. Basarrate II, David L. Fenstermacher Parker, Hudson, Rainer & Dobbs, Thurbert E. Baker, Attorney General, and Alex F. Sponseller, Assistant Attorney General, Atlanta, for Northeast Ga. Med. Ctr. in A09A2210. Michael J. Bowers, Christopher S. Anulewicz and Malissa A. Kaufold-Wiggins Balch & Bigham LLP, Atlanta, for Winder HMA Inc. in A09A2210 and A09A2211. Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, and Alex F. Sponseller, Assistant Attorney General, Atlanta, for Georgia Dep't of Community Health in A09A2211.
for defendant:
Case Number: A09A2210; A09A2211
The Department of Community Health had a rational basis for granting a medical center's application for a CON for a proposed hos
Publication Date: 2010-04-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Christopher B. Freeman and Walter H. Bush Jr. Carlton Fields PA, Atlanta, for appellant.
for defendant: Benjamin A. Land Buchanan and Land, Columbus, for appellee.
Case Number: A09A1756
The trial court did not err in admitting the decedent's medical bills, because the bills were due entirely to the decedent's alleged ulcer and resulting complica
Publication Date: 2010-04-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Matthew C. Klase, Edward A. Webb Webb Klase & Lemond LLC, Atlanta, for appellant.
for defendant: John M. Levengood McKenna Long & Aldridge LLP, Atlanta, Bruce M. Edenfield, Dahlonega, for appellee.
Case Number: A09A2258
The Court of Appeals could not simply affirm the superior court's reversal of the DOT's final decision, even though the DOT did not properly address and resolve the issues considered by the ALJ and
Publication Date: 2010-04-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Tonya F. Stokes Carlock, Copeland, Semler & Stair, Semler & Stair LLP, Atlanta, for appellant.
for defendant: Marvin P. Pastel II Weinstock & Scavo PC, Keith L. Richardson Kilpatrick Stockton LLP and Darryl G. Haynes Law Office of James C. McLaughlin, Atlanta, for appellees.
Case Number: A09A2061
The trial court erred in granting summary judgment to a plumbing contractor on the issue of whether a subcontractor agreed to indemnify the plumbing contractor for possible damages arising from pipe
Publication Date: 2010-04-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: George P. Shingler Casey Gilson PC, Atlanta, for Gish et al. Jason C. Waymire, Buford, for Thomas and Pike county.
for defendant:
Case Number: A09A1855, A09A1944
O.C.G.A. § 45-5-2 does not contain an express waiver of sovereign immunity for claims brought under that section against a county for medical
Law Journal Press | Digital Book
Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2010-04-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Dennis G. Dozier and Bethany M. Hillis Law Office of Dennis Dozier, Rincon, for appellant.
for defendant: . Richard R. Rafter, Springfield, for appellee.
Case Number: A09A1912
The plaintiffs were entitled to a new trial, because the jury award was more than twice what homebuilder requested and the evidence did not suppo
Publication Date: 2010-04-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Charles A. Jones Jr. Jones Appellate Law Practice PC, Athens, and Jonathan L. Sharpley, Atlanta, for appellant.
for defendant: Dennis C. Sanders, District Attorney, Durwood R. Davis, Rindi L. Harbeson, Assistant District Attorneys, and Kevin R. Majeska District Attorney's Office, Thomson, for appellee.
Case Number: A09A1983
Defendant's new ineffective assistance claims were procedurally b
Publication Date: 2010-04-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Melinda M. Katz, Thomasville, for appellant.
for defendant: J. David Miller, District Attorney, and Laura A. Wood, Assistant District Attorney, Valdosta, for appellee.
Case Number: A09A2308
The evidence was insufficient to adjudicate defendant delinquent on the charge of simple assault, because the only evidence presented was he
Publication Date: 2010-03-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Wanda S. Jackson, Atlanta, for appellant.
for defendant: Daniel J. Porter, District Attorney, and Keith R. Miles, Assistant District Attorney, Lawrenceville, for appellee.
Case Number: A09A1984
The requirements of O.C.G.A. § 16-13-49 o 5 were not met in the instant case, because after several continuances, the forfeiture hearing was held on July 24, 2008, 69 days after the last continuance
Publication Date: 2010-03-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Ronald L. Beckstrom, Albany, for appellant.
for defendant: Clifford P. Bowden, District Attorney, Tifton, for appellee.
Case Number: A09A2212
The police officer who opened defendant's trailer door had no authority to do so, defendant's consent to search the trailer was mere submission to apparent authority and involuntary, and consequentl
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