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Publication Date: 2010-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Gwendolyn K. Fleming, District Attorney, Michael S. Carlson, Assistant District Attorney, Decatur, and John E. Floyd Bondurant, Mixson & Elmore, Atlanta, for appellant.
for defendant: Ingrid J. McGaughey Public Defender's Office and Gerard B. Kleinrock, Decatur, for appellee.
Case Number: A10A0982
The trial court erred in granting a general demurrer based on the sufficiency of the evidence, because in considering a general demurrer, it is the legal sufficiency of the pleading, not the evidenc
Publication Date: 2010-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Philip P. Pilgrim Jr. Law Office of Epps, Pilgrim, Olson & Pruitt, Cumming, for appellant.
for defendant: Rosanna M. Szabo, Solicitor General, and Richard C. Armond Solicitor's Office, Lawrenceville, for appellee.
Case Number: A10A1605
The trial court did not err by failing to suppress evidence of defendant's field sobriety tests because the officer did not give her a Miranda warning as she was not in custody at the time but was s
Publication Date: 2010-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Phillip S. Coe, Fayetteville, for appellant.
for defendant: Jonathan Marigliano, Rush S. Smith III Hall, Both, Smith & Slover PC, Atlanta, and Charles M. Gisler, Jonesboro, for appellee. Other party representation: Steven L. Harris, Tyrone, and Nathan E. Minear, Marietta.
Case Number: A10A1002
The 6-year statute of limitation barred appellant's breach of contract and negligence claims arising from the installation of an in-ground swimming pool by appellee, because the cause of action accr
Publication Date: 2010-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Brian K. Mathis Insley & Race LLC, John P. Mittelbach and Michael S. French Wargo & French LLP, Atlanta, for appellant.
for defendant: Stanley G. Jackson and Douglas M. Nelson, Augusta, for appellees. Other party representation: Victor Hawk, Augusta.
Case Number: A10A1317
Trial court abused its discretion in granting certification based on claims for injunctive relief in the form of continued medical monitoring for patients and spouses because certification under O.C
Publication Date: 2010-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Donald W. Johnson The Johnson Law Firm, Fayetteville, for appellant.
for defendant: . Lori G. Cohen, R. Scott Campbell Greenberg Traurig LLP, Paul E. Weathington and Stanley P. Riepe The Weathington Firm, Atlanta, for appellee.
Case Number: A10A0869
No evidence showed that the decedent's attending doctor was anything other than an independent contractor working for the defendant hos
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Publication Date: 2010-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Bernadette C. Crucilla, Macon, for appellant.
for defendant: Howard Z. Simms, District Attorney, and Neil A. Halvorson, Assistant District Attorney, Macon, for appellee.
Case Number: A10A1340
A search warrant affidavit based on information obtained from a prison informant regarding a May 2006 burglary and robbery, which ultimately led to appellant's conviction for possession of marijuana
Publication Date: 2010-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Richard L. Brittain, Wendell R. Bird Bird & Assocs., Atlanta, Jenny E. Jensen and Richard E. Harris Jones, Jensen & Harris, Norcross, for Johnson. Michael J. Goldman, Christine L. Mast, Joseph H. Wieseman Hawkins & Parnell LLP, Michael J. Bowers and David J. Marmins Balch & Bingham, Atlanta, for Liebel. Other party representation: Peter H. Schmidt II Taylor, Odachowski, Sperry & Crossland LLC, St. Simons Island.
for defendant:
Case Number: A10A1047; A10A1048
The trial court erred in granting a new trial in a legal malpractice case, because a juror's failure to disclose during voir dire that appellant attorney represented the plaintiff in a 1992 case aga
Publication Date: 2010-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Timothy J. Boyd and Mary-Dallas J. Roper Reynolds, Horne & Survant, Macon, for appellant.
for defendant: Wayne W. Dempsey Jr., Michael J. Goldman and Brian W. Sprinkle Hawkins & Parnell, Atlanta, for appellee.
Case Number: A10A1210
The defendant company did not breach an implied warranty of merchantability because the plaintiff neither presented evidence that a defect in the item made it inappropriate to use for its ordinary
Publication Date: 2010-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Catherine S. Bernard, Dublin, for appellant.
for defendant: Louie C. Fraser, District Attorney, and LaShonda C. Harris, Assistant District Attorney, Dublin, for appellee.
Case Number: A10A1499
A police officer's testimony that the defendants' car seemed extremely out of place in an empty truck plaza parking lot, without any other reason to suspect criminal activity, did not authorize a se
Publication Date: 2010-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Martha M. Pearson and Phillip L. Hartley Harben, Hartley & Hawkins, Gainesville, for appellant.
for defendant: William M. Akin Akin & Tate LLC, Cartersville, for appellees.
Case Number: A10A1192
The defendant had no ministerial duty to inspect an unsecured gate with a broken latch, which struck the hood of the plaintiff's vehicle as she left a high school
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