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Publication Date: 2010-02-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Benjamin A. Leonard Bovis, Kyle & Burch, Atlanta, for appellant.
for defendant: . Curtis Farrar Jr. and Matthew J. Hennesy Farrar & Hennesy, Douglas, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
Case Number: A09A1624
The trial court erred in finding that the claimant's disability stemmed from a change in condition, since she never previously received an award of workers' compensation benefits or a voluntary pay
Publication Date: 2010-02-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: William D. Hall, Blakley, and David A. Webster, Atlanta, for appellant.
for defendant: Michael A. O'Quinn O'Quinn & Cronin, McDonough, for appellee.
Case Number: A09A2121
The trial court erred in dismissing plaintiff's cause of action to a remove commissioner from office as moot, because the dispute had not been resolved and completion of the real estate transaction
Publication Date: 2010-02-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
for defendant: Scott L. Ballard, District Attorney, Griffin, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
Case Number: A09A1628
The defendant was not entitled to an equal access jury charge regarding co found in a wooded area near the defendant, because direct evidence linked defendant to the co
Publication Date: 2010-02-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Scott M. Kaye Manchel, Wiggins & Kaye LLP, Atlanta, for appellant.
for defendant: John A. Moore The Moore Law Group, Atlanta, for appellees. Appellate Judge/Justice Bernes, Judge. Trial Judge Diane Bessen, Fulton State Court. Attorneys Scott M. Kaye Manchel, Wiggins & Kaye LLP, Atlanta, for appellant. John A. Moore The Moore Law Group, Atlanta, for appellees.
Case Number: A09A2341
The trial court did not err in allowing the appellee to open default on proper case grounds, because the record supported the trial court's conclusion that the four conditions precedent wer
Publication Date: 2010-02-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Louis Chalifoux, Alamo, proceeded pro se. J. David Miller, District Attorney, and Laura A. Wood, Assistant District Attorney, Valdosta, for appellee.
for defendant:
Case Number: A09A1807
The Court rejected the defendant's argument that his convictions should have merged, thus rendering his sentences void, because his separate convictions were not based on the same co
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2010-02-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Dana E. Kennedy, Forsyth, proceeded pro se. Larry Chisolm, District Attorney, and Thomas M. Cerbone, Assistant District Attorney, Savannah, for appellee.
for defendant:
Case Number: A09A1889
The trial court was authorized to sentence the defendant pursuant to the general recidivist provisions of O.C.G.A. § 17-10-7 c, rather than the specific recidivist provisions of 16 , because 1
Publication Date: 2010-02-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Randall A. Schmidt, Savannah, for appellant.
for defendant: . Jason Pedigo Ellis, Painter, Ratterree & Adams LLP, Edward R. Stabell III Brennan, Harris & Rominger, Lee C. Mundell, Savannah, and Christopher N. Shuman Mozley, Finlayson & Loggins LLP, Atlanta, for appellee.
Case Number: A09A1718
The trial court properly dismissed the plaintiff's claims against an insurance with prejudice on grounds that an enforceable settlement e
Publication Date: 2010-01-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
for defendant: Julia A. Slater, District Attorney, and Jennifer E. Dunlap District Attorney's Office, Columbus, for appellee.
Case Number: A09A1950
The defendant forced one victim to surrender money at gunpoint and took the money in the second victim's immediate pre
Publication Date: 2010-01-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: William B. Brown Heyman & Sizemore LLC, Atlanta, and Leighton Aiken Owens, Clary & Aiken LLP, Dallas, Texas, for appellant.
for defendant: Sheryl L. McCalla Doffermyre, Shields, Canfield, Knowles & Devine, Atlanta, and David S. Hagy, Nashville, Tenn., for appellee.
Case Number: A09A2045
The question of whether the plaintiff's employer acted in good faith and exercised honest judgment, was a jury question, not a question of law for the trial
Publication Date: 2010-01-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Roy E. Barnes and John R. Bevis The Barnes Law Group, Marietta, for appellant.
for defendant: Matthew S. Coles and Aaron P. Tady Coles Barton LLP, Lawrenceville, for appellees.
Case Number: A08A2332
Judgment reversed on remand for reconsideration in light of Condra v. Atlanta Orthopaedic Group, 285 Ga. 667
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