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  • Martinez v. State

    Publication Date: 2013-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Robert James, District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A13A1445

    The fraudulent possession and use of identifying information of corporations did not fall within the ambit of Georgia's identity fraud statute in August of 2007, when the defendant attempted to cash

  • Cartledge v. Montano

    Publication Date: 2013-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: James Howard and Sharon Howard The Howard Law Firm, Tucker, for appellant.
    for defendant: Andrew Holliday and Susan Mulherin Fulcher, Hagler, Reed, Hanks & Harper, Augusta, for appellees.
    Case Number: A13A1580

    The trial court erred in granting the defendant doctor's motion in limine to exclude the plaintiff's expert witness's testimony on the ground that he was not qualified, since this finding was based

  • Citrus Tower Boulevard Imaging Ctr. LLC v. David S. Owens MD PC

    Publication Date: 2013-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1121; A13A1122

    Trial courts should not rely on any decisions employing dicta regarding the "meaninglessness" of a corporate guaranty of corporate debt as a justification for imposing personal liability on a signa

  • Richard Bowers & Co. v. Clairmont Place LLC

    Publication Date: 2013-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Eric Johnson, Woodstock, for appellant.
    for defendant: Simon Bloom, Amanda Wick, Ariel Zion, and Stephen Parham The Bloom Sugarman Everett LLP, Atlanta, for appellee.
    Case Number: A13A1459

    The plaintiff real estate broker was entitled to summary judgment on its claim for unpaid commissions arising out of a leasing commission agreement with the defendant property owner's predec

  • Atlanta Bus. Video LLC v. FanTrace LLC

    Publication Date: 2013-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Robert Schenk, Atlanta, for appellant.
    for defendant: Hayden Pace Pace Law PC, Atlanta, for appellee.
    Case Number: A13A1287

    It is a fundamental principle of Georgia law that counsel has a duty to stay informed as to the progress of the cases he or she handles in a particular

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  • State v. Munoz

    Publication Date: 2013-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Paige R. Whitaker, Deputy District Attorney, Atlanta, for appellant.
    for defendant: Jennifer Lubinsky Public Defender's Office, Atlanta, for appellee.
    Case Number: A13A1631

    The defendant's confession was freely and voluntarily given, since the detective did not threaten the defendant that his failure to admit to sexual intercourse with the victim would result in a char

  • Arnold v. State

    Publication Date: 2013-10-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: John Edwards, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Tracy Chapman, and Jessica Clark, Assistant District Attorneys, Valdosta, for appellee.
    Case Number: A13A1240

    The presumption of vindictiveness has no application to a sentence imposed after trial that is greater than one imposed after a guilty

  • McDougler v. State

    Publication Date: 2013-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: J. Dean Blevins, Brunswick, and Amanda Jones, Woodbine, for appellant.
    for defendant: Jacquelyn Johnson, District Attorney, Brunswick, and Rocky Bridges, Assistant District Attorney, Woodbine, for appellee.
    Case Number: A13A1592

    The trial court's order denying the defendant's speedy trial motion was insufficient to provide for proper appellate r

  • In the Interest of E. N. R.

    Publication Date: 2013-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1602; A13A1603

    Evidence of the parents' low level of functioning and severe impact on their abilities to parent their chi supported the juvenile court's finding of deprivation for the four minor chi

  • Hunter, MacLean, Exley & Dunn PC v. St. Simons Waterfront LLC

    Publication Date: 2013-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A0716; A12A0717

    The same basic analysis that is conducted to assess attorney-client privilege and work product in every other attorney-client relationship co also applies in the law firm in-house counsel co