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  • Progressive Premier Ins. Co. of Ill. v. Newell

    Publication Date: 2013-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Hugh Worsham, Savannah, for appellant.
    for defendant: Edward Hughes Callaway, Braun, Riddle & Hughes PC, Daniel Cohen Brannen, Searcy & Smith, Savannah, Richard Feldman, and Robert Maloney Rivkin Radler LLP, Uniondale, N.Y., for appellees.
    Case Number: A12A1999

    The exclusion language in the automobile insurance policy was not ambiguous and applied to the accident at issue, which occurred while the insured was delivering pizzas for his emp

  • Haney v. Camp

    Publication Date: 2013-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Ernest Gunn Roach, Caudill & Gunn LLP, Canton, for appellant.
    for defendant: . James Money, Douglasville, for appellee.
    Case Number: A12A2109

    The trial court was unclear in its ruling with regard to attorneys' fees pursuant to a consent order, and failed to properly determine entitlement to attorneys' fees pursuant to O.C.G.A. § 9-15-14 a

  • Turner v. Williamson

    Publication Date: 2013-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Douglas Smith and Hillary Shawkat Carlock, Copeland & Stair LLP, Atlanta, for appellant.
    for defendant: Lance Cooper The Cooper Firm, Marietta, and Jason Schwartz Temple, Strickland, Dinges & Schwartz, Atlanta, for appellees.
    Case Number: A12A2534

    The insurer's release form containing additional terms did not alter the fact that a meeting of the minds occurred with regard to the terms of the settl

  • Six Flags Over Georgia v. Martin

    Publication Date: 2013-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Charles McDaniel, Wayne McGrew, Kim Ruder Carlock, Copeland, & Stair LLP, Earl Gunn, and Shannon Barrow Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellant.
    for defendant: . Gilbert Deitch, Andrew Rogers Deitch & Rogers, and Michael Neff, Atlanta, for appellee. Other party representation: Ian Rapaport, Atlanta, Claude Morey, Riverdale, and Deandre Evans, College Park.
    Case Number: A12A1693

    The trial court erred in granting the plaintiff's motion in limine preventing the defendants from arguing and seeking apportionment of damages in a premises liability action, since "fault" as used i

  • Eagle GA I SPE LLC v. Atreus Communities of Fairburn Inc.

    Publication Date: 2013-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Jennifer Burbine McGuirewoods LLP, Atlanta, for appellant.
    for defendant: Simon Bloom, Stephanie Everett, Ariel Zion, and Christian Turner The Bloom Sugarman Everett LLP, Atlanta, for appellees.
    Case Number: A12A2344

    The trial court properly denied the creditor's application for confirmation of a nonjudicial foreclosure sale due to a failure to sell the property for its true market

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Agan v. State

    Publication Date: 2013-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Robert Patten Public Defender's Office, Summerville, and David Dunn Public Defender's Office, LaFayette, for appellant.
    for defendant: Leigh Patterson, District Attorney, and Finnis Salmon in A12A1888 only, Assistant District Attorney, Rome, for appellee.
    Case Number: A12A1887; A12A1888

    The trial court plainly erred in charging the jury on statutory rape under the age of 16, as it failed to instruct the jury "that it may not render a guilty verdict without determining that evidence

  • Crider v. State

    Publication Date: 2013-01-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Richard Schrade, McDonough, for appellant.
    for defendant: John Pipkin, Solicitor General, and Brian Johnston, Assistant Solicitor General, McDonough, for appellee.
    Case Number: A12A2414

    The defendant was not entitled to Miranda warnings prior to her formal arrest, since the facts and circumstances would cause a reasonable person to believe that the detention was temp

  • Floyd v. State

    Publication Date: 2013-01-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Angela Dillon Brown & Gill, Norcross, for appellant.
    for defendant: Daniel Porter, District Attorney, and William Akins, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A12A1996

    Evidence that the defendant entered a rental home without the landlord's permission and damaged a hot water heater and pipes in the less than one hour that the landlord was away from the property, s

  • Teele v. State

    Publication Date: 2012-12-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel Porter, District Attorney, and Charles Efstration District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A12A1649

    The trial court properly declined to suppress the defendant's custodial statement, since the officer was not interrogating the defendant when he simply asked her a single, non-accusatory question re

  • Morris v. State

    Publication Date: 2012-12-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Jennifer Arndt, Assistant Public Defender, Covington, for appellant.
    for defendant: Layla H. Zon, District Attorney, and Jillian Hall District Attorney's Office, Covington, for appellee.
    Case Number: A12A2210

    The Court dismissed the defendant's appeal pursuant to Sosniak v. State, __Ga.__ 2 Case No. S12A0799, decided November 19, 2012, in which the Supreme Court of Georgia ruled that a defendant cannot d