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  • HD Supply Inc. v. Garger

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Steven A. Miller and Jeffrey A. Burmeister Drew, Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: . Austin L. Ramsey III, Ronald L. Cundy Rumsey & Ramsey, Russell D. Waldon, John B. Craig Harper, Waldon & Craig, and Thomas E. Brennan Fain, Major, Wiley & Brennan PC, Atlanta, for appellees.
    Case Number: A09A1295

    The relation back provision of O.C.G.A. § 9-11-15 c provides that venue over a later-added party should be assessed based on the facts existing when the suit was originally

  • Sommese v. State

    Publication Date: 2009-08-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: C. David Joyner and James H. Wall C. David Joyner PC, Buford, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Stephen A. Fern, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A1161

    The officer, who stopped the defendant's vehicle for having illegally tinted windows and for an open container violation, did not unreasonably expand the scope of the stop or prolong it by question

  • Martin v. State

    Publication Date: 2009-08-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Suzanne M. Boykin, Chief Assistant Public Defender, Clarkesville, for appellant.
    for defendant: Brian M. Rickman, District Attorney, Toccoa, for appellee.
    Case Number: A09A1220

    The state proved venue through the combined testimony of the victim, her mother and the investigating of

  • In the Interest of D. M.

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: George T. Jackson Jackson & Schiavone, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Jeffrey S. Hendrix, Assistant District Attorney, Savannah, for appellee.
    Case Number: A09A0941

    The record supported the juvenile court's conclusion that the juvenile posed a serious threat to the community and the possibility of less favorable treatment in the superior court did not violate

  • Hunsberger v. State

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Barbara B. Claridge, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Augusta, for appellee.
    Case Number: A09A1411

    The defendant was subject to prosecution in Ge for kidnapping with bodily injury, even though the victim was killed in South Carolina, since the victim was abducted in Ge

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Hartley v. State

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Brandon A. Bullard Public Defender's Office, Dallas, for appellant.
    for defendant: Fred A. Lane Jr., District Attorney, Dallas, and Thomas D. Lyles District Attorney's Office, Atlanta, for appellee.
    Case Number: A09A0956

    The trial court erred in declining to exercise its discretion to rule on the merits of the defendant's claims under O.C.G.A. § § 5-5-20 and 5-5-21, i.e., that the verdict was contrary to the evidenc

  • Johnson v. State

    Publication Date: 2009-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Robert W. Chestney The Chestney Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Stephen J. Tuggle and Douglas C. Vassy, Solicitors General, Carrollton, for appellee.
    Case Number: A09A0746

    The officer's reasonable suspicion of criminal activity justified a second-tier dete

  • Anytime Bail Bonding Inc. v. State of Ga.

    Publication Date: 2009-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: John H. Petrey, Decatur, for appellant.
    for defendant: Jewel C. Scott, District Attorney, Jonesboro, for appellee. Other party representation: Christie C. Barnes, Jonesboro.
    Case Number: A09A1011

    The plain terms of a criminal appearance bond obligated the bonding company to forfeit $55,100 to the state as a consequence of the defendant's failure to appear for his arraignment on his second in

  • Encompass Inc. Co. of Amer. v. Friedman

    Publication Date: 2009-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Carrie O. Lowe and Melissa C. Patton Webb, Zschunke, Miller & Dikeman LLP, Atlanta, for appellant.
    for defendant: Jeffrey S. Vaughan Royal & Vaughn, and Eugene C. Brooks IV, Savannah, for appellee.
    Case Number: A09A0144

    The plaintiff failed to file her suit for breach of contract, bad faith and bad faith attorneys' fees, arising after water damage and mold infested air ducts and walls of her home as the result of m

  • In the Interest of R. W.

    Publication Date: 2009-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Phillip Jackson, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Kathleen A. Giroux and Stephany J. Luttrell, Assistant District Attorneys, Atlanta, for appellee.
    Case Number: A09A0883

    The transfer of the juvenile's prosecution for aggravated assault, armed robbery and theft by taking to the superior court was in the juvenile's and the community's best int