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  • Landsouth Constr. v. Lake Shadow Ltd.

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Neil L. Wilcove Freeman Mathis & Gray LLP, Atlanta, for appellant.
    for defendant: Peter F. Schoenthaler Hill, Kertscher & Wharton LLP, Atlanta, for appellee.
    Case Number: A10A0551

    The trial court erred in finding that a previous action ant filed against the plaintiff operated as a waiver of the agreement's arbitration clause, because the applicable lien statute required

  • Powers v. State

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Kelly R. Burke, District Attorney, Jason E. Ashford and Venita S. McCoy, Assistant District Attorneys, Perry, for appellee.
    for defendant:
    Case Number: A10A0618

    Defense counsel was effective for filing numerous pre-trial motions and vigorously cross-examining state's witn

  • Escoffier v. State

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: James E. Jarvis Jr., Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Bradfield M. Shealy, Senior Assistant District Attorney, and Jessica W. Clark District Attorney's Office, Valdosta, for appellee.
    Case Number: A10A0754

    The state failed to prove asportation, since the movement of the victim occurred during the commission of the separate offense of hijacking a motor vehicle, the movement was brief in duration and d

  • McKinley v. State

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Glynn R. Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Wesley C. Ross District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A10A0324

    The trial court erred in admitting copies of two traffic citations stamped FTA failed to appear in rebuttal to alibi testimony, because the state argued only authentication, but failed to identify a

  • Davis v. State

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Lance D. Dutton Public Defender's Office, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Richard A. Hull, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A10A0605

    The trial court properly denied the defendant's motion to suppress marijuana found in his car during a traffic stop, because the officer asked for consent to search defendant's car nearly contempora

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • ASC Constr. Equip. USA Inc. v. City Commercial Real Estate

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Paul E. Andrew Andrew, Merritt, Reilly & Smith, Lawrenceville, Terrence McQuade and Jeffrey T. Holm Withrow, McQuade & Olson LLP, Atlanta, for appellant.
    for defendant: Bryan M. Cavan Miller & Martin, Atlanta, for appellee.
    Case Number: A10A0733, A10A0734

    The trial court erred in denying the defendant's motion for a directed verdict as to a broker's claim for tortious interference with contract and business relationships, since no evidence supported

  • Johnson v. Board of Comm'rs, Bibb County

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Charles E. Cox Jr., Macon, for appellant.
    for defendant: Virgil L. Adams and Donald J. Jordan Adams, Jordan & Treadwell PC, Macon, for appellees.
    Case Number: A10A0398

    Georgia's Open Meetings Act provides an exception from the open meetings requirements for meetings of an agency in which the future acquisition of real estate is dis

  • Brown v. State

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Kimberly M. Minicozzi, Assistant District Attorney, Covington, for appellee.
    Case Number: A10A0526

    The arresting officer properly stopped Brown for a motor vehicle sound volume violation and the totality of the circumstances gave the officer probable cause to arrest Brown fo

  • Frazier v. State

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn District Attorney's Office, Decatur, for appellee.
    Case Number: A10A0232

    The defendant could not directly appeal the denial of his motion to vacate and correct his senetnce, because he did not present a colorable claim that his sentence was

  • Flores v. Keener

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Lawrence L. Bennett Jr., Atlanta, for appellant.
    for defendant: David H. Moskowitz Moskowitz & Carraway, Atlanta, Joseph T. Leman Harris & Hartman Law Firm PC, Dalton, and S. Lester Tate III Akin & Tate, Cartersville, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    Case Number: A10A0583

    The Court of Appeals reinstated the Appellate Division's judgment allocating attorneys' fees from a workers' compensation settlement between the claimant's former attorney and the attorney, who obta