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  • State v. Ramirez-Herrara

    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

  • Parker v. State

    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

  • Smith v. Hilltop Pools and Spas Inc.

    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

  • Doctors Hosp. Surgery Ctr. LP v. Webb

    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

  • Pendley v. Southen Reg'l Med. Sys. Inc.

    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

  • Law Journal Press | Digital Book

    New Jersey Estate & Trust Litigation 2024

    Authors: Michael R. Griffinger, Paul F. Cullum III, Cathleen T. Butler

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  • Amica v. State

    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

  • Johnson v. Leibel

    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

  • Rivers v. H. S. Beauty Queen Inc.

    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

  • Groves v. State

    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

  • Scott v. Waits

    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