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  • Coleman v. Fortner

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Frank E. Jenkins II Jenkins & Nelson, Cartersville, for appellant.
    for defendant: Eric L. Jones Jones, Thompson & Jones, W. McMillan Walker and Morris S. Robertson, Dublin, for appellee.
    Case Number: A02A2119

    The trial court properly charged the jury that a bond forfeiture constitutes negligence p

  • Ball v. Bright Horizons Children Ctr. Inc.

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James A. Shea Jr., Atlanta, for appellant.
    for defendant: Marvin A. Devlin and Chrisna J. Walker Devlin & Robinson PC, Atlanta, for appellee.
    Case Number: A02A2176

    A 4-year-old's alleged injury due to exploratory sexual play with a 6-year-old classmate at daycare was not the result of any negligence on the part of the daycare c

  • State v. Habib

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: G. Channing Ruskell, Solicitor General, Canton, and Anthony B. Williams, Assistant Solicitor General, Winder, for appellant.
    for defendant: Steven A. Cook, Marietta, for appellee.
    Case Number: A02A2130

    The defendant's consent to search his car was not valid because it was the product of an illegal dete

  • Byelick v. Michel Herbelin USA Inc.

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael B. Butler, Atlanta, for appellant.
    for defendant: Christopher B. Lyman, Susan A. Cahoon and Julie A. Lierly Kilpatrick & Stockton, Atlanta, for appellee.
    Case Number: A02A2269

    The trial court properly held the plaintiff in contempt for failing to post a supersedeas bond after he filed an affidavit of indigence because O.C.G.A. § 9-11-62 contains no provision for avoiding

  • Johanson v. State

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Stephanie Johanson, Hawkinsville, proceeded pro se. Denise D. Fachini, District Attorney, and Cheri L. Nichols, Assistant District Attorney, Cordele, for appellee.
    for defendant:
    Case Number: A02A2415

    Defendant was not entitled to withdraw her first offender plea as a matter of right under O.C.G.A. § § 17-7-93 b and 42-8

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  • Walls v. Walls

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joseph E. East, Waycross, for appellant.
    for defendant: Douglas W. Mitchell III, Douglas, for appellee.
    Case Number: A02A2068

    The parties' purported settl agre was unenforceable because the parties did not reach an agre on all of the settl terms and no writings established the agre

  • Henderson v. Quadramed Corp.

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Neal H. Howard, William D. James and Debra S. Robinson Neal H. Howard & Assocs. PC, Atlanta, for appellant.
    for defendant: . Lewis E. Hassett and Jessica F. Pardi Morris, Manning & Martin LLP, Atlanta, for appellee. Other party representation: Robert C. Martin Jr. Hatcher, Stubbs, Land, Hollis & Rothschild LLP, Jeffrey A. Brown Carlock, Copeland, Semler & Stair, Columbus, Charles J. Willis Willis, McKenzie & Long, LaGrange, and Dennis G. Lovell Jr., Atlanta.
    Case Number: A02A2309

    The trial court did not abuse its discretion in granting the defendant's motion to open default where the defendant moved to open default no more than two weeks after expiration of the time period f

  • In re Estate of Zeigler

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Fred S. Clark Clark & Clark, Savannah, for appellant.
    for defendant: David H. Fritts, Savannah, for appellee.
    Case Number: A02A2339

    The probate court abused its discretion in removing an executor without providing her with notice that her Letters Testamentary could be re

  • Hodges v. Putzel Elec. Contractors Inc.

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Frederick V. Massey Hicks, Massey & Gardner LLP, Athens, for appellant.
    for defendant: Jonathan E. White, James B. Finley and Chad D. Graddy Finley & Buckley, Atlanta, for appellee.
    Case Number: A02A1649

    The plaintiff failed to point to specific evidence giving rise to a triable issue where the affidavits he provided in response to the defendant's summary judgment motion contained only hearsay and op

  • Gaither v. Sanders

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: William D. Strickland Temple, Strickland, Counts & Dinges, and John E. Jones Jr., Decatur, for appellant.
    for defendant: . Paul B. Mazur and Frank B. Lieppe, Atlanta, for appellee.
    Case Number: A02A2404

    The evidence established the parents' liability under the family purpose doctrine for their son's alleged negligence while driving thei