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  • 3060 Corp. v. Crescent One Buckhead Plaza

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Anna-Elisa Mackowiak Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: Yoon J. Ettinger Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee. Other party representation: James N. Sadd Slappey & Sadd LLC, Atlanta.
    Case Number: A09A1290

    The trial court properly granted summary judgment to the landlord, because its tenant breached its lease agreement to provide liability insurance for the landlord, regardless of whose negligence cau

  • Triad Drywall v. Building Materials Wholesale, Inc.

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: David J. Merbaum, Alpharetta, for appellant.
    for defendant: Dock H. Davis, Franklin, for appellee.
    Case Number: A09A0848

    Lost profits cannot be proved to the degree of specificity required under Georgia law without a showing of a history of profitability and without definite, certain and reasonable data to ascertain t

  • Swan v. State

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Gregory A. Hicks, Woodstock, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Sara A. Thompson, Assistant District Attorney, Canton, for appellee.
    Case Number: A09A1355

    Rebuttable presumption arises that the defendant possesses drugs when the defendant is owner of the house where the drugs are found and the defendant can on raise the defense of equal access if the

  • 3060 Corp. v. Crescent One Buckhead Plaza

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Anna-Elisa Mackowiak Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: Yoon J. Ettinger Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee. Other party representation: James N. Sadd Slappey & Sadd LLC, Atlanta.
    Case Number: A09A1290

    The trial court properly granted summary judgment to the landlord, because its tenant breached its lease agreement to provide liability insurance for the landlord, regardless of whose negligence cau

  • Those Certain Underwriters at Lloyds London v. DTI Logistics Inc.

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Gregory L. Mast Fields, Howell, Athans & McLaughlin, Atlanta, for appellant.
    for defendant: James S. Strawinski and Briant G. Mildenhall Strawinski & Stout PC, Atlanta, for appellee.
    Case Number: A09A1432

    The insurer's arguments that the insured had not paid any claim for the value of the stolen cargo and that the statute of limitation barred any possible claims against the insured were irrel

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Wood v. State

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Brandon A. Bullard Public Defender's Office, Dallas, for appellant.
    for defendant: Fred A. Lane Jr., District Attorney, and Paul E. Hemmann, Assistant District Attorney, Dallas, for appellee.
    Case Number: A09A1453

    The circumstantial evidence supported the defendant's burglary convi

  • Davis v. Batchelor

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Thomas C. Sinowski, Scott S. Cohen Freedman & Sinowski PC, Atlanta, and Miguel A. Garcia Jr. Garcia Law Group, Macon, for appellant.
    for defendant: Thomas F. Richardson and Frances L. Clay Chambless, Higdon, Richardson, Katz & Griggs, LLP, Macon, for appellee.
    Case Number: A09A0803

    When considering whether sovereign immunity is waived due to negligence of ers, an issue of fact exists if the jury could construe facts to find either that the er acted negligently or tha

  • Fitzpatrick v. Harrison

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Julian H. Toporek, Savannah, for appellant.
    for defendant: Wallace E. Harrell, Brunswick, for appellee.
    Case Number: A09A1409

    The trial court converted the defendant's motion to dismiss into a motion for summary judgment when the trial court considered matters outside the plea

  • Brown v. State

    Publication Date: 2009-10-23
    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, and W. Scott Brannen, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A09A0894

    The trial court did not abuse its discretion in admitting the videotape of the victim's forensic interview, since the interviewer developed rapport with the child, did not attempt to influence the c

  • Thomas v. State

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, James L. Wright III and John A. Pipkin III, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A09A1501

    The trial court properly admitted evidence found in a detached g