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  • Duffy v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael B. Perry, St. Marys, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, Charles K. Higgins and Leslie K. DeVooght, Assistant District Attorneys, Brunswick, for appellee.
    Case Number: A05A0672

    The defendant was not entitled to a mistrial based on the state's closing argument that the absence of his .25 caliber pistol screamed of his

  • In the Interest of J.W.

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Josephine B. Jones, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and W. Ashley Hawkins, Forsyth, for appellee.
    Case Number: A05A0368

    The clear and convincing evidence showed that the father lacked the mental capacity to master the skills necessary to care for his permanently disabled

  • WirelessMD Inc. v. Healthcare.com Corp.

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: William J. Cornwell, Boca Raton, Fla., for appellant.
    for defendant: Ernest L. Greer and Joseph H. Akers Greenberg Traurig LLP, Atlanta, for appellee.
    Case Number: A04A2174

    It was not absolutely necessary to imply a duty on the part of the defendant to market the software it bought from the plaintiff, since the parties' Purchase Agreement provided for an immediate cred

  • Spacemakers of Am. Inc. v. SunTrust Bank

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: David M. Kupsky, Atlanta, for appellant.
    for defendant: . William H. Major III and David H. Wilson Hawkins & Parnell, Atlanta, for appellee.
    Case Number: A04A2080

    O.C.G.A. § 11-4-406 barr plaintiff's claims based on a bank's payment of forged checks, because the plaintiff hired as a bookkeeper a twice-convicted embezzler who was on probation and delega

  • Steele v. Atlanta Maternal-Fetal Med. PC

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Allen F. Harris and Jim N. Peterson Jr. Peterson & Harris PC, Atlanta, for appellant.
    for defendant: . John E. Hall Jr. and Jonathan Marigliano Hall, Booth, Smith & Slover PC, Atlanta, for appellees.
    Case Number: A04A2023

    The trial court reversibly erred in overruling the plaintiffs' objection to defense counsel's closing argument, in which counsel effectively argued that the plaintiffs bore the burden of proving the

  • Law Journal Press | Digital Book

    New Jersey Arbitration Handbook 2024

    Authors: Hon. William A. Dreier, Robert E. Bartkus

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  • Pasuer v. State

    Publication Date: 2005-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Christopher A. Townley, Rossville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Bruce E. Roberts, Assistant District Attorney, Lafayette, for appellee.
    Case Number: A04A2207

    The defendant's custodial statement that he was a "mid-level" drug dealer, made after officers promised that he would get a lower bond if he cooperated, was admissible, because it was not a confessi

  • Navajo Constr. Inc. v. Brigham

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Ravelle D. Smith Vaughn & Evans, Cartersville, for appellant.
    for defendant: Sidney P. Wright, Rome, for appellees.
    Case Number: A04A2272

    The trial court erred in granting the defendants' motion for summary judgment where the plaintiff presented a prima facie claim of tre

  • Stack-Thorpe v. State

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Waymon S. Harrell, Perry, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Jason E. Ashford, Assistant District Attorney, Perry, for appellee.
    Case Number: A04A1971

    The 4-year statute of limitation on the embezzlement charge-theft by taking by a fiduciary over a specific period of years-was tolled until the offense was disco

  • Chang v. State

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, and Brooke O. Langston District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A04A2249

    Under the totality of the circumstances, the trial court did not err in denying the defendant's motion to suppress drug evidence found in a back-up patrol car where the defendant was sitting during

  • Holt & Holt Inc. v. Choate Constr. Co.

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Maurice M. Egan Jr., Eric A. Kane and Larry D. McCollum Owen, Gleaton, Egan, Jones & Sweeney, Atlanta, for appellant.
    for defendant: Jeffrey J. Nix Stites & Habison PLLC, Atlanta, for appellees.
    Case Number: A04A2122

    The 30-day limitation period in the parties' contract for demanding arbitration did not contravene O.C.G.A. § 44-14-366, since it did not impair the subcontractor's right to claim a lien or to claim