• Noble Parking Inc. v. Centergy One Assocs. LLC

    Publication Date: 2014-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Stephen Rothman and Kyler Wise Wilson Brock & Irby LLC, Atlanta, for appellant.
    for defendant: Jeffrey Haymore, Susan Garrett City of Atlanta Law Department, and John Lockett Morris Manning & Martin LLP, Atlanta, for appellees.

    Case Number: A13A2254

    The appellant's legal nonconforming use of its property was not superseded by a permitted use, since the applicable Code section provides that such supersedure is permissible only by additional spec

  • Sims v. Bayside Capital Inc.

    Publication Date: 2014-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: William Kaspers Kaspers & Associates Law Offices LLC, Atlanta, for appellant.
    for defendant: Theresa Kananen and Ashley Kelly Arnall Golden Gregory LLP, Atlanta, for appellees.

    Case Number: A13A1883

    The employee presented evidence creating a genuine issue of material fact as to whether the parties had reached an oral agreement regarding the terms of his termin

  • Lewis v. State

    Publication Date: 2014-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: John Culp, Public Defender, Waycross, for appellant.
    for defendant: Jacquelyn Johnson, District Attorney, Brunswick, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellee.

    Case Number: A13A2423

    An officer should not have been allowed to testify over objection ' "about his opinion on the behavior of 'geeked up,' intoxicated individuals and individuals suffering from mental illness," ' since

  • Straus v. Renasant Bank

    Publication Date: 2014-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Steven Strelzik and Mary Trachian-Bradley Law Offices of Steven J. Strelzik PC, Atlanta, for appellant.
    for defendant: . Susan Howick Howick, Westfall, McBryan & Kaplan LLP, Alexandria Reyes, and Michael Johnson Troutman Sanders LLP, Atlanta, for appellees. Other party representation: George Nason Lamberth, Bonapfel, Cifelli, Atlanta, Douglas Flint Flint & Connolly, Canton, and John Pennington, Helen.

    Case Number: A13A2472

    The appellants failed to prove their fraud claims against the appellee relating to their guaranties, since the appellants could not demonstrate justifiable reliance as they had capacity and opportu

  • Bryan Bank & Trust v. Steele

    Publication Date: 2014-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: J. Wesley Padgett and A. Martin Kent Brannen, Searcy & Smith LLP, Savannah, for appellant.
    for defendant: Steven Scheer Scheer & Montgomery PC, Savannah, for appellee.

    Case Number: A13A1987

    The plaintiff failed to establish causation in her premises liability action, as there was no direct evidence connecting a hazard with her

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  • Drumm Corp. v. Wright

    Publication Date: 2014-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Samuel Lucas, J. Anderson Davis, and Lee Carter Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome, for appellant.
    for defendant: Christian Lang, David Marshall Hawkins & Parnell, Atlanta, James McHugh, Michael Fuller, and D. Bryant Chaffin McHugh Fuller Law Group PLLC, Hattiesburg, Miss., for appellees.

    Case Number: A13A2145

    The defendant corporation did not have sufficient minimum contacts with the State of Georgia to establish personal jurisdi

  • McNear v. State

    Publication Date: 2014-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Joseph Lewis The Tim Lewis Firm, Americus, for appellant.
    for defendant: Karl Cooke, District Attorney, Myra Tisdale, Assistant District Attorney, and John Regan District Attorney's Office, Macon, for appellee.

    Case Number: A13A2071

    The trial court properly admitted eight autopsy photographs to show multiple internal hemorrhages in the victim's neck, which supported the medical examiner's conclusion that the victim died from st

  • Ward v. State

    Publication Date: 2014-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Steven Holmes Dwight L. Thomas PC, Atlanta, for appellant.
    for defendant: Sherry Boston, Solicitor General, and Wystan Getz Solicitor General's Office, Decatur, for appellee.

    Case Number: A13A1735

    The defendant's delayed assertion to his right to a speedy trial more than six years after his arrest and the lack of prejudice weighed heavily agains

  • Jones v. State

    Publication Date: 2014-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: September Guy, Atlanta, for appellant.
    for defendant: . Leigh Patterson, District Attorney, and Emily Johnson District Attorney's Office, Rome, for appellee.

    Case Number: A13A2126; A13A2127

    Even if the trial court erred in declining to allow the male victim to testify regarding his conflict with the female victim, the error was harmless since the female victim testified later in the tr

  • Moore v. State

    Publication Date: 2014-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Jennifer Trieshmann Public Defender's Office, Carrollton, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Frances Kuo District Attorney's Office, Jonesboro, for appellee.

    Case Number: A13A1937

    The trial court erred in not merging the defendant's three convictions for concealing a death, since all of his acts were intended to hinder the single discovery of a single unlawful killing of his