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  • Greenway v. Northside Hosp. Inc.

    Publication Date: 2012-08-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Robert McFarland McFarland & McFarland PC, Cumming, for appellant.
    for defendant: William Temple Temple, Strickland, Dinges & Schwartz, Matthew Lazarus, Trisha Lewis Scrudder, Bass, Quillian, Horlock, Taylor & Lazarus, Atlanta, Thomas Mondell Jarrard & Davis PC, Cumming, and Rodney Hood, Gainesville, for appellees.
    Case Number: A12A0705

    Factual questions remained as to whether a hospital that contacted Animal Control, instead of the Humane Society, when a patient was admitted in near-death condition, leaving his two dogs at home al

  • Cooper/T. Smith Stevedoring Co. v. Georgia Ports Auth.

    Publication Date: 2012-08-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: James W. Scarbrough Mabry & McClelland LLP, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Nancy M. Gallagher, Assistant Attorney General, R. Dennis Withers Robins, Kaplan, Miller & Ciresi, and Austin L. Ramsey III Rumsey & Ramsey, Atlanta, for appellees.
    Case Number: A12A0760

    The evidence did not support the grant of summary judgment to the plaintiffs on the issue of liability in a case arising from the destruction of a leased crane because the terms of the lease agreem

  • Cronkite v. State

    Publication Date: 2012-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Daniel Sessions, Norcross, for appellant.
    for defendant: Rosanna Szabo, Solicitor-General, and Meredith Chafin Solicitor's Office, Lawrenceville, for appellee.
    Case Number: A12A0671

    The defendant was not entitled to a certificate of need for testimony of an out-of-state witness because the testimony was not material to his DUI

  • Sauls v. Atchison

    Publication Date: 2012-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: M. Katherine Durant, Tucker, for appellant.
    for defendant: Shane Geeter, Millegeville, for appellees.
    Case Number: A12A0776

    The trial court's decree terminating a father's parental rights failed to cite any specific findings of fact and conclusions of law pursuant to O.C.G.A. § 19

  • Capellan v. State

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Bernard S. Brody Brody Law Firm, Atlanta, for appellant.
    for defendant: James Smith, District Attorney, Winder, and Erica P. Shepley, District Attorney's Office, Jefferson, for appellee.
    Case Number: A12A0106

    A vehicle inventory search was unreasonable because there was no evidence concerning the police department's policy or procedure on inventory sea

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  • Crossing Park Properties LLC v. JDI Fort Lauderdale LLC

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Edward H. Wasmuth, Stephen M. Forte, and William W. Maycock Smith Gambrell & Russell LLP, Atlanta, for appellant.
    for defendant: . Richard L. Robbins Robbins Ross Alloy Belinfante Littlefield LLC, Paul N. Monnin, Mark E. Grantham DLA Piper US LLP, and Gus H. Small Cohen Pollock Merlin & Small PC and Jean-Alain Schneider, Atlanta, for appellee.
    Case Number: A12A0201

    Georgia had personal jurisdiction over an Illinois defendant because the minimum contacts requirements wer

  • Woods v. Allied Van Lines Inc.

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Peter Law and Kelly Christian Law & Moran, Atlanta, for appellant.
    for defendant: . Roger Harris Owen, Gleaton, Egan, Jones & Sweeney LLP, Gene Major, Richard Brown Fain, Major & Brennan PC, Douglas Aholt Chambers, Aholt & Rickard LLP, Brantley Rowlen Lewis, Brisbois, Bisgaard & Smith LLP, Atlanta, and Ronald Lowry, Marietta, for appellees.
    Case Number: A12A0362

    A third party's guilty pleas to traffic citations were admissible because the third party's liability was collateral to the defendant's liability but essential to the adjudication of the

  • Petroleum Realty II, LLC v. Morris, Manning & Martin, LLP

    Publication Date: 2012-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Charlotte Perrell Perrell & Wright LLC, Atlanta and Charles Cork, Macon, for appellant.
    for defendant: . Jeffrey Bramlett, Lisa Strauss and Jason Carter Bondurant, Mixson & Elmore, LLP, Atlanta, for appellee.
    Case Number: A12A0637

    A lis pendens may properly remain in effect to give notice of the property's involvement in a pending lawsuit until a final order is issued and a party's right to appellate review has been extingu

  • In the Interest of C. A.

    Publication Date: 2012-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Josephine Jones, Macon, for appellant.
    for defendant: W. Hawkins, Forsyth, Samuel S. Olens, Attorney General, and Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: A12A0431

    In determining whether the mother's lack of parental control was likely to continue, the juvenile court could not consider hearsay statements or rely on the diagnostic opinion of third parties not a

  • McFalls v. Onsager

    Publication Date: 2012-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Ann Vaughan, Blairsville, for appellant.
    for defendant: Kris-Ann Poe, Hiawassee, Francis Wiggers, Young Harris, and Janna Akins, Blairsville, for appellees.Attorneys
    Case Number: A12A0496

    It was in the best interests of the child to grant custody to her maternal great aunt and uncle, despite the parents' preference that she remain with her paternal great uncle who had temporary cust