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Publication Date: 2013-04-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Sharon Hopkins, Duluth, for appellant.
for defendant: Garry Moss, District Attorney, Shannon Wallace, Holly Varner, and Cliff Head, Assistant District Attorneys, Canton, for appellee.
Case Number: A12A2170
The trial court erred in ordering the defendant to pay restitution when the State presented no evidence to support the amount requested and the trial court did not consider the factors outlined in O
Publication Date: 2013-04-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Aaron Henrickson Henrickson & Sereebutra LLC, Dallas, for appellant.
for defendant: Donald Donovan, District Attorney, and Thomas Cole, Assistant District Attorney, Dallas, for appellee.
Case Number: A12A1672
The trial court's failure to compel the child molestation victim to answer questions about the incident did not violate the defendant's right to confrontation, as the victim did testify at trial and
Publication Date: 2013-04-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Robert Wright Katz Stepp Wright & Fleming LLC, Decatur, for appellant.
for defendant: Richard Tisinger Tisinger,Vance PC, Carrollton, for appellees.
Case Number: A12A2413
O.C.G.A. § 9-3-72—which provides a 1-year statute of limitation for medical malpractice actions based on foreign objects left in a patient's body—applies to objects intentionally left in a patient'
Publication Date: 2013-03-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Daniel Hirsh Hall Hirsh LLC, Decatur, for appellant.
for defendant: Patrick Head, D. Victor Reynolds, District Attorneys, Marietta, and Anna Cross District Attorney's Office, Decatur.
Case Number: A12A2287
The trial court properly concluded that the defendant made a personal, knowing and intelligent waiver of a ju al, since she acknowledged her signature on the pleading which clearly waived the j
Publication Date: 2013-03-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Craig Pearson Public Defender's Office, Hinesville, for appellant.
for defendant: John Durden, District Attorney, and Sandra Dutton, Assistant District Attorney, Hinesville, for appellee.
Case Number: A12A2039
The trial court properly allowed the defendant to represent himself at trial since the defendant waived his right to counsel in failing to exercise diligence in retaining counsel and in making no ef
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2013-03-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: John Christy and Jared Heald Schreeder, Wheeler & Flint, Atlanta, for appellant.
for defendant: . John Richard, Sean Smith, Jason Curles and Samuel Zeigler Taylor English Duma LLP, Atlanta, for appellee.
Case Number: A12A1843; A12A1844
The plaintiffs failed to present complete evidence regarding the true market value of the foreclosed property, as their appraiser's testimony did not identify records on which he based his conclusi
Publication Date: 2013-03-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Michael O'Quinn O'Quinn & Cronin, McDonough, for appellant.
for defendant: Terry Jackson, Atlanta, Marian Pope Hasty Pope LLC, Canton, and Gary Cooper, Duluth, for appellees. Amicus curiae: Sun Choy Freeman Mathis Gary LLP, Atlanta.
Case Number: A12A2083
Gwinnett County's creation of the Automobile Liability and Risk Management Funds did not impliedly increase the statutory sovereign immunity waiver, thus the recovery amount in the plaintiffs' wrong
Publication Date: 2013-03-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Mark Thompson DeKalb County Law Department, Decatur, for appellant.
for defendant: Stephen Quinn and Debra Golymbieski Wilson, Morton & Downs, Decatur, for appellee.
Case Number: A12A2321
The entire church property leased by a religious non-profit corp n to another religious non-profit corp n for its use for religious worship was entitled to tax exempt status, since the cor
Publication Date: 2013-03-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Adam Hames The Hames Law Firm, Atlanta, for appellant.
for defendant: Herbert Franklin, District Attorney, LaFayette, and Alan Norton, Assistant District Attorney, Ringgold, for appellee.
Case Number: A12A2469
The State failed to prove that the defendant interacted with a child or a person he believed to be a child when he exchanged computer correspondence with an undercover agent with the Northwest Georg
Publication Date: 2013-03-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Charles Cole and Derrick Bingham Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellant.
for defendant: William Akin and S. Lester Tate III Akin & Tate, Cartersville, for appellees. Amicus curiae: Brenton Bean Hawkins Parnell Thackston & Young LLP, Atlanta.
Case Number: A12A2443
An insurance producer owes no duty to notify an excess carrier of a lawsuit brought against an additional insured based solely upon its status as an additional insured under the p
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