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Publication Date: 2011-12-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: William C. Thompson Weissman Nowack Curry & Wilco, Atlanta, and Ralph G. Wellington Schnader Harrison Segal & Lewis LLP, Philadelphia, Pa., for appellant. Michael J. Warshauer, Douglas C. Dumont, and Lyle G. Warshauer Warshauer Law Group PC, Atlanta, for appellee.
for defendant:
Case Number: A11A0951
The trial court plainly erred in granting the employee's pretrial motion in limine barring the railway company from presenting evidence on or making an argument concerning whether the employee was w
Publication Date: 2011-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: Kermit N. McManus, District Attorney, and Benjamin B. Kenemer, Assistant District Attorney, Dalton, for appellant. Jean C. Sperling-Cavalerro and Jennifer K. Mason Campano & Sperling LLC, Chamblee, for appellee.
for defendant:
Case Number: A11A1509
The trial court lacked the authority to modify a sentence imposed pursuant to OCGA § 17-10-3 a 2 outside the term of court in which it was en
Publication Date: 2011-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: Shireen Hormozdi Krohn & Moss Ltd., Atlanta, for appellant. Marcia M. Fuller The Fuller Law Group, Atlanta, for appellee.
for defendant:
Case Number: A11A2180
Absent a transcript, the defendant could not show that the trial court erred in admitting allegedly improper and prejudicial character evi
Publication Date: 2011-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: James B. Trotter, William A. Trotter III Trotter Jones LLP0, Augusta, and Anthony L. Cochran Chilivis, Cochran, Larkin & Bever, Atlanta, for appellant. Samuel S. Olens, Attorney General, and Claude M. Sitton, Assistant Attorney General, Atlanta, for appellee.
for defendant:
Case Number: A11A1746
Since the plaintiff challenged only the trial court's application of OCGA § 50-21-24 5 on appeal, and not the application of § 50-21-24 7 , the case did not require reversal, even if the quasi-judic
Publication Date: 2011-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: Yakov D. Shteyman Kilpatrick Stockton LLP and Edward A. Miller, Atlanta, for appellant. Thomas H. Hinson II Westmoreland, Patterson & Moseley, Macon, for appellees.
for defendant:
Case Number: A11A1828
Since the defendant's home balcony was a static condition, not a hidden peril, pitfall or mantrap, the defendant was liable to the plaintiff only for willful or wanton injuries and no evidence show
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Publication Date: 2011-12-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: David J. Walker, Decatur, for appellant. Tracy G. Lawson, District Attorney, and Elizabeth A. Baker District Attorney's Office, Jonesboro, for appellee.
for defendant:
Case Number: A11A1784
Even though none of ictims identified the defendant as a participant in any of the alleged crimes, the jury was authorized to conclude, based on store surveillance video, still images taken fro
Publication Date: 2011-12-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: Stephen D. Ott, Fayetteville, for appellant. Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and Alonzo J. Bentley Jr., Thomaston, for appellee. Other party representation: Alvah H. Pasley Pasley & Nuce LLC and Monica N. Hamlett, Assistant Public Defender, Thomaston.
for defendant:
Case Number: A11A1897
The Department of Family and Children Services made reasonable efforts to prevent the removal of the child from her father's cu
Publication Date: 2011-12-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: Patricia G. Abbott Abbott Law Firm, and Gina A. Smalley, Marietta, for appellant. Patrick H. Head, District Attorney, and John R. Edwards District Attorney's Office, Marietta, for appellee.
for defendant:
Case Number: A11A1826
The victims' television was in the truck the defendant was driving minutes after the burglary, along with other items related to the
Publication Date: 2011-12-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant. James B. Smith, District Attorney, Winder, and Samuel E. Skelton, Assistant District Attorney, Homer, for appellee.
for defendant:
Case Number: A11A1545
The defendant's conduct in pointing his homemade device at the victims in the same manner a person could point a store-bought pistol, rifle or shotgun did not render his device functionally indistin
Publication Date: 2011-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: George J. Barry III and Robert J. Waddell Jr. McGuireWoods LLP, Atlanta, for appellants. Michael A. Sullivan Finch McCranie LLP, Steven Salcedo The Cuffie Law Firm, Atlanta, John A. Draughon and Michael D. Cooper, Macon, for appellee.
for defendant:
Case Number: A11A0903
The trial court's application of the relation-back statute did not violate the defendants' constitutional right to be sued in the county where they r
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