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  • In re Estate of Taylor

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: John O. Moore, Lawrenceville, and David P. Pollan, Decatur, for appellant.
    for defendant: John E. Tomlinson, Stone Mountain, for appellee. Other party representation: Jerry V. Cuccinello, Atlanta.
    Case Number: A04A2136, A04A2137

    The probate court abused its discretion in failing to give the county ward's mother a reasonable opportunity to post a surety bond before appointing the county guardian as the guardian of the ward's

  • State v. Mauerberger

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Richard W. Shelton, Solicitor, and Sandra K. Sanders, Assistant Solicitor General, Valdosta, for appellant.
    for defendant: Patrick C. Cork Cork & Cork, Valdosta, for appellee.
    Case Number: A04A2346

    The officer's questions about weapons and drugs and his request for consent to search did not prolong, continue or otherwise extend the defendant's lawful detention during a traffic

  • Rigdon v. State

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Ronald J. Ellington Virgil L. Brown & Assocs., Zebulon, for appellant.
    for defendant: John G. Conger, District Attorney, Ryan R. Leonard, Assistant District Attorney, Columbus, and Mark C. Post, Assistant District Attorney, Hamilton, for appellee.
    Case Number: A04A2026

    The probate court violated the defendant's due process rights in convicting him of DUI-less safe driver after instructing him that the evidence would be limited to proof of a per se DUI viol

  • Holton v. State

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Terrence Sommers, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A04A1915

    The defendant could not show prejudice or bad faith on the state's part for withholding an anatomical drawing, which the victim marked after a counselor asked her to circle where the defendant touch

  • Fitzgerald Water, Light & Bond Comm'n v. Shaw Indus. Inc.

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: John T. Croley Jr., Fitzgerald, for appellant.
    for defendant: William V. Custer IV, Jennifer B. Dempsey Powell, Goldstein, Frazer & Murphy, Atlanta, and Warren L. Mixon Mixon & Mixon, Ocilla, for appellee.
    Case Number: A04A1799

    The voluntary payment doctrine barred counterclaims based on alleged overpayments for electrical service because the defendant could have detected the alleged incorrect charges by simply looking at

  • Law Journal Press | Digital Book

    Lawyer’s Handbook: Ethics Compliance and Claim Avoidance, The

    Authors: SHARI L. KLEVENS, ESQ., J. RANDOLPH EVANS, ESQ., ALANNA G. CLAIR, ESQ.

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  • Best Tobacco Inc. v. State of Ga. Dept. of Revenue

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Paul Oliver Wimberly Lawson Steckel Nelson Schneider, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William W. Banks Jr. and John B. Ballard Jr., Assistant Attorneys General, Atlanta, for appellee.
    Case Number: A04A2062

    The discretionary appeals process applied to the superior court's dismissal of plaintiff's suit seeking a temporary restraining order and the return of cigarettes seized as contraband by the Georgia

  • Rainey v. GAFVT Motors Inc. d/b/a Gwinnett Place Ford

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Clifford H. Hardwick, Roswell, for appellant.
    for defendant: C. Davis Bauman, Clayton, for appellee.
    Case Number: A04A1714

    The plaintiff could not show that he justifiably relied on the seller's misrepresentation that he was guaranteeing his son's loan on a car, since he admitted he signed the purchase documents that li

  • Godinger Silver Art Co. Ltd. v. Olde Atlanta Marketing Inc.

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: William W. Briggs Decker, Hallman, Barber & Briggs, Atlanta, for appellant.
    for defendant: James R. Marshall, Atlanta, for appellee.
    Case Number: A04A1776

    The trial court did not err in applying Georgia law, even though the underlying contract between the parties was entered into and performed in Florida, since the defendant did not give reasonable wr

  • James Pitt d/b/a Straight Edge Constr. v. Holt Dev. LLC

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Eric L. Register Davis, Register & Williams LLP, Atlanta, for appellant.
    for defendant: Harold M. Hubbard Bryant, Davis & Cowden PC, Norcross, for appellee.
    Case Number: A04A1727

    The trial court's refusal to vacate an arbitration award was presumed correct in the absence of a trial trans

  • Flowers v. State

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: William R. Folsom, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Laura A. Wood, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A04A1792

    Evidence of a prior rape was admissible to show the defendant's bent of mind and lustful dispos