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  • Long v. State

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: John H. Baker, Bogart, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Todd R. Newland District Attorney's Office, Athens, for appellee.
    Case Number: A11A0227

    The trial court did not err in admitting evidence of two prior burglaries as similar transactions because the state sufficiently proved that the defendant perpetrated the first offense, and the seco

  • Landmark Am. Ins. Co. v. Khan

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Jeffrey A. Kershaw and Michael J. Athans Fields, Howell, Athans & McLaughlin LLP, Atlanta, for appellant.
    for defendant: Glen A. Loewenthal, Atlanta, for appellee.
    Case Number: A10A1668

    The trial court properly granted the plaintiff's motion for partial summary judgment on to his breach of duty to defend claim because the allegations in his complaint sufficiently triggered the insu

  • Wilson v. McNeely

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gary N. Wilson, Swainsboro, proceeded pro se. Laura H. Wheaton Brown Rountree PC, Statesboro, and Charles H. Brown, Pembroke, for appellee.
    for defendant:
    Case Number: A10A2268

    A witness was not qualified to testify as an expert regarding the acceptable standard of conduct of an attorney in a real estate closing because he did not engage in activities constituting the prac

  • Sevosityanova v. Tempest Recovery Servs. Inc.

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Ekaterina Sevostiyanova, Atlanta, proceeded pro se. Craig B. Lefkoff Lefkoff, Rubin & Gleason PC, Atlanta, for appellee.
    for defendant:
    Case Number: A10A2181

    Appellant could not prevail on her abusive litigation because she neither provided appellee with the requisite advance notice nor presented any evidence that appellee pursued its claim against her w

  • Bruscato v. O'Brien

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: William G. Quinn III and Jerry D. McCumber, Decatur, for appellant.
    for defendant: Milton B. Satcher III Owen, Gleaton, Egan, Jones & Sweeny, Atlanta, for appellee.
    Case Number: A10A1230

    The medical malpractice statute is not limited by the application of the impact

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  • Kesterson v. Jarrett

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Charles A. Mathis Jr. The Mathis Law Firm and David F. Walbert Parks, Chesin, Walbert & Miller PC, Atlanta, for appellant.
    for defendant: . Weymon H. Forrester Forrester & Brim, Gainesville, Thomas S. Carlock, Eric J. Frisch Carlock, Copeland, Semler & Stair, Atlanta, and Andrew H. Marshall, Athens, for appellees.
    Case Number: A10A1452

    The trial court harmlessly erred in not making an explicit finding that there was a substantial likelihood that the injured child's presence it the courtroom would cause the jury to be biased toward

  • Gonzalez v. State

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Maryann F. Blend, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Latysha M. Saunders, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A1411

    A trial court's charge to the jury suggesting facts not supported by the evidence in violation of OCGA § 17-8-5 constituted plain

  • Santos v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A2311

    The defendant's repeated refusal to keep his hands away from the pockets of his baggy clothes, his nervous demeanor, the presence of his two companions and the officer's knowledge of the pattern of

  • State v. Edwards

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Bobby E. Hutson Jr., Atlanta, for appellee.
    Case Number: A10A1280

    The dispatcher's statement to the arresting officer that there was an outstanding warrant for the defendant provided probable cause to arres

  • Smith v. CSX Transp. Inc.

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael J. Warshauer, Douglas C. Dumont Warshauer Law Group PC, Atlanta, for appellant.
    for defendant: James E. Gilson, Karen R. Dunbar Casey Gilson PC, Atlanta, for Appellee.
    Case Number: A10A1289

    The trial court erred in refusing to give the plaintiff's requested jury charge based on 29 CFR § 1910.24, the OSHA r ion requiring certain tread on fixed general industrial stairs, since that