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  • Pope v. Mercury Indem. Co. of Ga.

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William H. Turner Jr., and Douglas R. Ballard Jr. Fears, Lawrence & Turner PC, Jackson, for appellant.
    for defendant: Robert M. Darroch and David M. Abercrombie Goodman, McGuffey, Lindsey & Johnson LLP, Atlanta, for appellee.
    Case Number: A09A0619

    The insurer was entitled to rescind the defendants' homeowner's insurance policy based on the defendants' material misrepresentation-that a diving board attached to their pool had been permanently re

  • Bone v. The Children's Place Inc.

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James K. Creasy III, Atlanta, for appellant.
    for defendant: . Bobby B. Terry Misner, Scott & Martin, Atlanta, for appellees.
    Case Number: A09A0506

    The defendant presented no evidence in support of its motion for summary judgment on plaintiff's premises liability claims and therefore failed to pierce the allegations set forth in plaintiff's plea

  • State of Ga., Dep't of Transp. v. Douglas Asphalt Co.

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, G. Thomas Davis, Special Assistant Attorney General, Paul R. Jordan, Donald P. Boyle Jr. and William G. Bertram Davis, Pickren & Seydel LLP, Atlanta, for appellant.
    for defendant: Brent J. Savage, William H. Pinson Jr., Christopher D. Britt Savage, Turner, Pinson & Karsman, Savannah, Kenneth E Futch Jr. The Futch Law Firm, Waycross, and John C. Spurlin Spurlin & Spurlin, Tifton, for appellee.
    Case Number: A09A0552

    The trial court, in effect, improperly granted summary judgment to appellee on the issue of damages when it excluded evidence of appellant's calculations of its damages on its breach of contract cou

  • Stegall v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle and Maryellen Simmons, Assistant Chief Public Defender, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A09A0913

    The mere fact that the victim took the stand satisfied O.C.G.A. § 24-3-16's availability requirement, even though she refused to answers any ques

  • Wimpey v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ricky W. Morris Jr. and Suesan A. Miller Rickey W. Morris Jr. PC, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Thomas R. McBerry and John A. Pipkin III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A08A2283

    The totality of defendant's presentation regarding her expenses while the trial court was attempting to fashion a payment schedule for a $120,163.40 restitution order was that she ' "would just have

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Hughes v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Brenda J. Bernstein The Bernstein Firm PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and William C. Akins, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A0346

    Evidence of the victim's mother's molestation as a child was irrelevant, since the victim did not learn about her mother's molestation until after she made her o

  • Video Warehouse Inc. v. Southern Trust Ins. Co.

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John H. Smith Jr. Young, Thagard, Hoffman, Smith & Lawrence, Valdosta, for appellant.
    for defendant: Daniel Bullard IV, Erin R. Smith Bullard & Wangerin LLP, Macon, and J Ronald Mullins Jr., Columbus, for appellee. Other party representation: Jeffrey A. Brown Carlock, Copeland, Semler & Stair LLP, Timothy M. O'Brien, Pensacola, Fla., and Michael W. Slocumb Slocumb Law Firm LLC, Auburn, Ala.
    Case Number: A09A0724

    The insured's business liability and umbrella policies expressly excluded liability for the underlying

  • Fort v. Rucker-Fort

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Brace W Luquire, Columbus, for appellant.
    for defendant: M. Stephen Hyles Hagler & Hyles, Columbus, for appellee.
    Case Number: A09A0679

    The trial court erred in invoking its equity powers to enforce an attorneys' fee provision in the couple's divorce decree and to award attorneys' fees to the ex-wife, despite the fact that the parti

  • Escobar v. State

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Matthew D. Crosby, Lawrenceville, and John H. Petrey, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A0675

    The trial court did not err in allowing a detective to testify regarding the conversation he overheard between the defendant and the CI, since the defendant's statements were admissible as voluntary

  • Hudson v. State

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Benjamin A. Davis Jr. The Davis Law Firm PC, Atlanta, for appellant.
    for defendant: Brian K. Fortner and Katherine L. Iannuzzi, Solicitors General, Douglasville, for appellee.
    Case Number: A09A0367

    The state's failure to prove venue at the defendant's first trial did not bar her retrial for DUI, misdemeanor obstruction and other ch