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  • Cunningham v. Gage

    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

  • Performance Food Group, Inc. v. Williams

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Douglas K. Burrell, Atlanta, for appellant.
    for defendant: Trevor G. Hiestand, Ashley Giblin Harper, Waldon & Craig, Atlanta, Steven P. Gilliam Smith, Gilliam, Williams & Miles PA, Gainesville, and Robert P. Gritton, Murfreesboro, Tenn., for appellee.
    Case Number: A09A1719

    Ge s Workers' Compensation Act governs subrogation claims based on benefits paid to employees injured in Ge

  • Bergen v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David J. Dunn Jr. Public Defender's Office, LaFayette, and Deborah L. Allen, Assistant Public Defender, Ringgold, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, and Melissa A. Pittman District Attorney's Office, Ringgold, for appellee.
    Case Number: A09A2350

    The trial court erred in revoking more than two years of the defendant's probation in the absence of evidence that he committed a f

  • Bradley v. Johnston

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lawrence A. Stockton Jr., Clayton, for appellant.
    for defendant: G. Roger Land and James T. Johnston Jr., Atlanta, for appellees.
    Case Number: A09A1422

    The trial court erred in converting attorneys' fees under the parties' fee contract to a cash judgment when the terms of the contract provide that the client could elect to pay attorneys' fees thro

  • Naylor v. State

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant.
    for defendant: Richard K. Bridgeman, District Attorney, Toccoa, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A09A0835

    Evidence that the defendant saw knew about and saw one of was sufficient to find her guilty as a party to child molestation for that particular of

  • Law Journal Press | Digital Book

    Enforcement of Judgments: A Practitioner’s Guide to Recovery

    Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich

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  • BMW Bank of North Am. v. Short

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gregory J. Digel and Kelli S. Lott Holland & Knight LLP, Atlanta, for appellant.
    for defendant: Charles A. Gower, Columbus, for appellee. Marcus B. Calhoun, Jr. Page Scranton Sprouse Tucker & Ford, F. Houser Pugh, Columbus, and Mary M. Katz Chambless, Higdon & Carson, Macon, for other.
    Case Number: A09A2091

    The arbitrator's finding that the appellant's repossession plaintiff the appellee's vehicle was reckless and outrageous did not amount to manifest disregard of the arbitration agreement's prohibitio

  • In re Estate of Warren

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mather D. Graham and John M. Graham III The Graham Firm, Rome, for appellant.
    for defendant: Walter E. Leggett Jr. Bush, Crowley, Leverett & Leggett, Macon, for appellee.
    Case Number: A09A1297

    The DNA testing which established a 99.65 percent probability that two individuals were half-siblings constituted parentage-determination genetic testing under OCGA § 5

  • Preston v. State

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kelley A. Dial, Public Defender, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Cartersville, for appellee.
    Case Number: A09A2194

    The defendant entered the victim's car without permission, demanded to be driven somewhere and sat down next to the victim with a knife in his

  • Strozier v. State

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jamie T. Roberts, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, Melissa L. Himes, Assistant District Attorney, and William D. Hocutt District Attorney's Office, LaGrange, for appellee.
    Case Number: A09A1464

    The victim's alleged prior sexual molestation of the then 15-year-old defendant was not relevant in the defendant's trial for aggravated battery, since a prior sexual act against a minor is violent

  • Boyd v. State

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and James A. Dunn, Assistant District Attorney, Cumming for appellee.
    Case Number: A09A1183

    The officers had probable cause to pat-down the defendant for weapons during a lawful traffic stop and to send for a drug dog based on the defen actions and an officer's knowledge of the defe