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  • Consumer Solutions Fin

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Max C. Richardson Jr. and Angela B. Dillon, Norcross, for appellant.
    for defendant: William B. Brockman Bryan, Cave, Powell & Goldstein LLP, Atlanta, for appellee.
    Case Number: A09A1562

    No issue of fact existed as to whether the defendant was the drawer or signer of the check, since it admitted in its answer that an authorized representative signed the check on its b

  • Pittman v. Coosa Med. Group PC

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stephen V. Kern Kitchens, Kelley & Gaines PC, Atlanta, for appellant.
    for defendant: Virginia B. Harman and Thomas H. Manning Hunter, Stegall, Peek, Harman, Smith & Manning LLP, Rome, for appellee.
    Case Number: A09A2006

    The medical practice had legitimate business interests in enforcing the restrictive covenant of a formerly employed phys

  • Ford Motor Co. v. Reese

    Publication Date: 2009-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Philippa V. Ellis, Derrick L. Bingham Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, Robert W. Powell and Allyson A. Miller Dickinson Wright PLLC, Detroit, Mich., for appellant.
    for defendant: Peter J. Daughtery, Dustin T. Brown Daughtery, Crawford, Fuller & Brown, Columbus, Peter A. Law, Ernest M. Moran, Atlanta, and Albert H. Dallas The Dallas Law Firm, Thomson, for appellee.
    Case Number: A09A0871

    No common law duty exists under the laws of this state requiring a manufacturer to recall a product after the product has left the manufacturer's co

  • Cochran v. State

    Publication Date: 2009-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Benjamin A. Davis Jr. The Davis Law Firm PC, Atlanta, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Cartersville, and Elizabeth M. York, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A09A1301

    The arresting officer's opinion testimony, based on his experience, packaging and the amount of marijuana seized supported the defendant's conviction for possessing marijuana with intent to distr

  • Walker v. State

    Publication Date: 2009-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Sheri L. Smith, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and David T. Lock District Attorney's Office, Athens, for appellee.
    Case Number: A09A1349

    The record indicated that defense counsel waived the defendant's presence at his motion to suppress hearing with his express authority and at his own re

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Chamberlain v. State

    Publication Date: 2009-09-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Gregory W. Holt, Warner Robins, for appellant.
    for defendant: Alan R. Tawse Jr., Solicitor General, and Arthur J. Creque, Chief Assistant Solicitor General, Warner Robins, for appellee.
    Case Number: A09A1272

    A non-functioning tag light on the defendant's vehicle provided the arresting officers with probable cause for a traffic

  • Hart v. Redmond Reg'l Med. Ctr.

    Publication Date: 2009-09-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jeffrey W. Duncan, Tallapoosa, for appellant.
    for defendant: Kevin P. Race and Moses Kim Insley & Race, Atlanta, for appellees.
    Case Number: A09A1277

    O.C.G.A. § 9-15-14 e allows for a party to move for attorneys' fees up to 45 days ' "after the final disposition of the acti

  • Teems v. Bates

    Publication Date: 2009-09-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stuart B. Houck Houck, Ilardi & Regas, Atlanta, for appellant.
    for defendant: . John B. Craig Harper, Waldon & Craig, Atlanta, for appellee.
    Case Number: A09A1243

    Evidence showed that the plaintiff voluntarily undertook an obviously dangerous activity when she rode on top of a movin

  • Jones v. City of Willacoochee

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: F. Shea Browning, Pearson, for appellant.
    for defendant: William A. King, Pearson, for appellee.
    Case Number: A09A1086

    The plaintiff failed to show that he timely presented a written ante litem notice of his negligence claim against the city of Willacoochee within the required 6-month p

  • Underwood v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A0851

    The record affirmatively established that the defendant was informed of and knowingly, intelligently and voluntarily waived his constitutional rights against compulsory self-incrimination, to trial