• Williams v. Trammell

    Publication Date: 2006-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Russell W. Smith, Toccoa, for appellant.
    for defendant: Charles D. Strickland, Lavonia, for appellee.

    Case Number: A06A1749

    The trial court erred in not requiring the defendant to remove two gates obstructing the plaintiff's use of an easement because both parties' deeds unambiguously describe the easement, without refer

  • Doyle v. State

    Publication Date: 2006-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Rafe Banks II Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Larry A. Baldwin III, Solicitor General, and Craig J. Pake Solicitor General's Office, Gainesville, for appellee.

    Case Number: A06A1910

    The deputy was not required to read Miranda warnings prior to requesting consent to administer field sobriety tests because, although he took the defendant's license and proof of insurance as part o

  • Brown v. State

    Publication Date: 2006-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Wesley G. Person, Griffin, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, and Bill D. Golden, Assistant District Attorney, Barnesville, for appellee.

    Case Number: A06A1779

    The state may prove a conspiracy, even though the state did not indict the defendant under that t

  • Walker v. State of Ga.

    Publication Date: 2006-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Neil L. Wilkinson and Paul T. Wright Wilkinson & Wright LLC, Atlanta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Susan K. Treadaway, Assistant District Attorney, Canton, for appellee.

    Case Number: A06A2044

    The trial court properly applied the preponderance of evidence standard of proof, since forfeiture cases are civil procee

  • In the Interest of M. V. H.

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Diana L. Davis, McDonough, and Leigh S. Schrope Georgia Public Defenders Standards Council, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Thomas L. Williams and Mary E. Evans-Battle, Assistant District Attorneys, McDonough, for appellee.

    Case Number: A06A1821

    The juvenile struck an 11-year-old with his closed fist, while holding a broken pencil, resulting in cuts to the victim's face and

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  • Walthall v. State

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Timothy M. Marlow District Attorney's Office, Perry, for appellee.

    Case Number: A06A1669

    Both 13-year-old aggravated child molestation victims testified that they engaged in numerous acts of oral and anal sex with the defe

  • Goswick v. Murray County Bd. of Educ.

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thomas M. Finn Finn & Hurt, Dalton, for appellant.
    for defendant: Maurice Sponcler Jr. Sponcler & Tharpe LLC, Dalton, for appellees. Other party representation: Lee Southwell State Board of Workers' Compensation, Atlanta, and Alex B. Wallach George & Wallach, Forest Park.

    Case Number: A06A1835

    The ALJ was authorized under the plain language of O.C.G.A. § 34-9-202 a to require that the employee undergo a physical examination by his treating physician to continue to receive disability pay

  • Huntington Aircraft Inc. v. Peachtree City Airport Auth.

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David M. Monde and Stephen C. Belan Jones Day, Atlanta, for appellant.
    for defendant: Stephanie E. Dyer and Simon H. Bloom Powell Goldstein LLP, Atlanta, for appellee.

    Case Number: A06A1959

    The defendant's discretion in determining whether to consent to the assignment of access easement rights was subject to an implied duty of good faith and fair de

  • Gladowski v. Department of Family and Children Servs.

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Victoria L. Collier, Decatur, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Michelle Townes, Assistant Attorney General, and Neal B. Childers, General Counsel, Atlanta, for appellee.

    Case Number: A06A1706

    The Civil Practice Act's 3-day rule, which adds three days to the prescribed periods after service of notices or papers other than process, does not apply to appeals of administrative deci

  • Lockhart v. Marine Manufacturing Corp.

    Publication Date: 2006-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellant.
    for defendant: Robert H. Preston, Douglas, and Wallace E. Harrell Gilbert, Harrell, Sumerford & Martin PC, Brunswick, for appellees.

    Case Number: A06A1888

    The racist and insulting comments, which defendant's employees made to the plaintiff on four occasions, did not constitute extreme and outrageous co