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  • DeKalb County v. City of Decatur

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jennifer R. Vala, L. Joseph Loveland and Letitia A. McDonald King & Spalding, Atlanta, for appellant.
    for defendant: Robert E. Wilson, Bryan A. Downs, Keri P. Ware Wilson, Morton & Downs LLC, Decatur, Hugh R. Powell Jr., Norcross, and Joe L. Fowler, Atlanta, for appellees.
    Case Number: A07A1204

    Case remanded to the trial court to address a constitutional issue in the first instance-whether the parties' agreement, under which DeKalb county was required to make annual disbursement to its cit

  • Metts v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A09A0202

    The state's re-indictment of the defendant on added and modified charges did not violate his due process rights, since jeopardy had not yet attached to the first indictment and the new indictment di

  • Travelers Excess and Surplus Lines Co. v. City of Atlanta

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Terry L. Strawser Shivers & Assocs., Alpharetta, for appellant.
    for defendant: Tressa P. Marryshow, McDonough, Laura Sauriol and Elizabeth B. Chandler City of Atlanta Law Dep't, Atlanta, for appellee.
    Case Number: A09A0025

    It is the law in Georgia that a municipal corporation is immune from liability for property damaged caused by

  • Gramm v. City of Stockbridge

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Warren R. Power and Alex R. Roberson Power & Cooper PC, McDonough, for appellant.
    for defendant: A. J. Welch Jr. and William A. White Smith, Welch & Brittain, McDonough, for appellee.
    Case Number: A08A2269

    The city erred in dismissing the action after the trial court entered a condemnation judgment and the city acquired title to the pro

  • Hubert v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Angela Z. Moore-Brown, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Maurice Brown and John R. Edwards, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A08A2318

    Evidence that the defendant sexually molested his two daughters supported his incest and child molestation convic

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    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Okefenokee Aircraft Inc. v. Primesouth Bank

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Gus H. Small Jr. and Karin F. White Cohen, Pollock, Merlin, Axelrod & Small, Atlanta, for appellant.
    for defendant: . Neal L. Conner Jr. Kopp & Conner PC, Waycross, for appellee.
    Case Number: A08A1926

    A secured creditor can retain a debtor's collateral while seeking an independent action for money jud

  • Dziwura v. Broda

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Rodney S. Shockley Downey & Cleveland, Marietta, for appellant.
    for defendant: Michael L. Goldberg Field Rogers Goldberg LLC, John B. Craig Harper, Waldon & Craig, Atlanta, and Stephanie F. Glickauf, Duluth, for appellee.
    Case Number: A08A2143

    Section 885 3 of the Restatement Second of Torts favors a set-off under the facts present here and is persu

  • Fulton County Bd. of Tax Assessors v. National Biscuit Co.

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Carmen R. Alexander, Atlanta, for appellant.
    for defendant: Brock E. Perry The Perry Firm, Lawrenceville, for appellee.
    Case Number: A08A1644

    Dicta in Gwinnett County Bd. of Tax Assessors v. Ackerman/Indian Trail Assn., 198 Ga. App. 723 1991, disapproved of, to the extent that it conflicts with the Court's holding that a tax appeal requir

  • Sagon v. Peachtree Cardiovascular & Thoracic Surgeons PC

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Steven K. Leibel, Dahlonega, for appellant.
    for defendant: . Shun Daugherty and Terrell W. Benton III Hall, Booth, Smith & Slover PC, Atlanta, for appellee.
    Case Number: A08A2122

    The jury charges as given provided a full and correct statement of the law regarding the standard of care, which applied to all of the professional health care providers involved, and were not confu

  • In the Interest of J. M. B.

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James R. Baker Kirby & Roberts PC, LaGrange, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Evan L. Stapler, Bremen, for appellee.
    Case Number: A08A2029

    The juvenile court erred in denying the mother's request for co