• Goolsby v. State

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Teresa L. Smith, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla H. Zon, Assistant District Attorney, Covington, for appellee.

    Case Number: A09A0802

    The defendant attacked the victim with a knife, had sex with her, dragged her to her bathroom and had her count to 20 before getti

  • Horner v. Robinson

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Michael L. Wetzel Michael L. Wetzel & Assocs. PC, Bogart, for appellant.
    for defendant: Richard P. Hamilton Cruser & Mitchell LLP, Norcross, for appellee.

    Case Number: A09A0715

    The defendant failed to strictly comply with the requisite notice provisions contained in the Abandoned Motor Vehicle Act, O.C.G.A. § 40-11-1 et seq. prior to selling the plaintiff's stolen race car

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

    Publication Date: 2009-06-26
    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

  • Ware v. State

    Publication Date: 2009-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Samuel F. Little Jr. Little & Crumly LLP, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellee.

    Case Number: A09A0343

    The sanction of exclusion of the evidence under O.C.G.A. § 17-16-5 a is reserved for instances in which the trial court finds prejudice to the state and bad faith by the de

  • Horner v. Robinson

    Publication Date: 2009-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Michael L. Wetzel Michael L. Wetzel & Assocs. PC, Bogart, for appellant.
    for defendant: Richard P. Hamilton Cruser & Mitchell LLP, Norcross, for appellee.

    Case Number: A09A0715

    The defendant failed to strictly comply with the requisite notice provisions contained in the Abandoned Motor Vehicle Act, O.C.G.A. § 40-11-1 et seq. prior to selling the plaintiff's stolen race car

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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • In the Interest of K. C. W.

    Publication Date: 2009-05-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James G. Baker Kirby & Roberts PC, LaGrange, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Atlanta, and James T. Hunnicutt Hunnicutt & Taylor PC, Newnan, for appellee.

    Case Number: A09A0783

    The mother's unresolved history of chronic unresolved drug and alcohol problems and her failure to maintain a consistent relationship with her children supported the termination of her parental r

  • In the Interest of K. C. W.

    Publication Date: 2009-05-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jessica D. Huff, LaGrange, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Atlanta, and James T. Hunnicutt Hunnicutt & Taylor PC, Newnan, for appellee. Other party representation: James G. Baker Kirby & Roberts PC, LaGrange.

    Case Number: A09A0943

    The father's extremely low-functioning mental capacity rendered his unable to properly supervise and care for his special need

  • Muskett v. Sketchley Cleaners Inc.

    Publication Date: 2009-05-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Charles E. Muskett, East Point, for appellant.
    for defendant: William H. Major III and Ryan J. Lucas Hawkins & Parnell LLP, Atlanta, for appellee.

    Case Number: A09A0238

    The trial court's charge concerning traversal of a static defect was legally and factually apposite under the present trip-and-fall case's circumstances and adjusted to the facts and evidence prese

  • In the Interest of H. L. H.

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William R. Thompson Jr., Calhoun, for appellant.
    for defendant: Anthony B. Erwin, Calhoun, Lorie A. Moos, Special Assistant Attorney General, Cartersville, Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Kathryn A. Fox, Assistant Attorney General, Atlanta, for appellee. Other party representation: George P. Govignon Bailey & Govignon, Calhoun.

    Case Number: A09A0479

    The mother lacked stable employment and housing, drank heavily, used marijuana and snorted co

  • In the Interest of N. H.

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Yolanda C. Parker-Smith, Lithonia, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Leslie Y. Abbott, Special Assistant Attorney General, and Amber N. Patterson Fulton Juvenile Court, Atlanta, for appellee.

    Case Number: A09A0363

    The mother of a premature infant had a history of prostitution, was physically abused during her pregnancy, was an admitted cocaine addict, smoked marijuana twice per day while pregnant and tested p