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  • Gaston v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A2318

    Although the trial court had discretion to set aside its order granting a new trial for a meritorious reason, it erred in basing its ruling on consideration of exhibits attached to the state's motio

  • Morgan v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Michael R. McCarthy, Public Defender, Benjamin D. Goldberg, Assistant Public Defender, Dalton, and Jimmonique R. Rogers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Susan A. Beck District Attorney's Office, Dalton, for appellee.
    Case Number: A09A1853

    The trial court properly excluded evidence of letters from the victim to the defendant, while he was in jail awaiting trial, because the evidence was cumulative and not relevant to the charges in que

  • Scovill Fasteners Inc. v. Northern Metals Inc.

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Rachel K. Powell and John G. Despriet Smith Gambrell & Russell, Atlanta, for appellant.
    for defendant: Scott M. Herrmann The Herrmann Law Firm PC, Atlanta, for appellee.
    Case Number: A09A2268

    The trial court did not err in denying cover damages to the buyer for items the buyer ordered, because the trial court properly considered matters outside the Request for Quotation RFQ such as cours

  • Long v. Long

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: John R. Long, Augusta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Atlanta, Rebecca A. Wright, District Attorney, Charles R. Sheppard, Geoffrey L. Fogus, Assistant District Attorneys, Kristina G. Connell District Attorney's Office, Gary A. Glover Glover & Blount, Edward J. Flythe, Augusta, and Jerry M. Daniel, Waynesboro, for appellees. Other party representation: Amanda M. Hudock, Public Defender, Julia Bloodworth, Augusta, and Nancy Minyard, Waynesboro.
    Case Number: A09A1692

    The trial court erred in enjoining DHR and DFACS actions and staying the actions of the juvenile court, because the superior court and the juvenile court had concurrent jurisdiction over the tempora

  • American Control Systems Inc. v. Boyce

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Joseph S. Bloodworth Bush, Crowley, Leverett & Leggett LLP, Macon, for appellant.
    for defendant: James D. Garner Sell & Melton LLP, Macon, for appellee.
    Case Number: A09A2287

    The trial court erred in applying strict scrutiny to review a former employee's employment agreement's restrictive covenants, because the covenants were ancillary to the sale of a bus

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  • Medical Office Management v. Hardee

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Sharon H. Reeves Jones, Cork & Miller LLP, Macon, for appellant.
    for defendant: Phillip M. Eddings, Brunswick, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    Case Number: A09A2381

    The superior court erred in substituting its own findings of fact in reversing the appellate division's of attorneys' fees to the claimant, since some evidence supported appellate division's

  • Meadows v. State

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: W. John Wilson, Columbus, for appellant.
    for defendant: Julia A. Slater, District Attorney, William D. Kelly Jr., Assistant District Attorney, Columbus, for appellee.
    Case Number: A09A2172

    The evidence was insufficient to support defendant's misdemeanor escape conviction, because a reasonable person would have thought that the detention was temporary given that defendant was not hand

  • Wyndham Lakes Homeowners Assoc. Inc. v. Gray

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Jason A. LoMonaco Weissman Nowack Curry & Wilco PC, Atlanta, for appellant.
    for defendant: Morgan M. Robertson Robertson, Bodoh & Nasrallah LLP, Marietta, for appellees.
    Case Number: A09A2199

    Equity did not require the non-enforcement of a recorded Declaration of Covenants against the property owners, in light of legal notice to the owners, the association's previous attempts to enforce

  • Collier v. State

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Randolph Frails, Augusta, for appellant.
    for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Chief Assistant District Attorney, Cumming, for appellee. Other party representation: Isaac O. Babalola, Decatur, and Shamsideen O. Laguda, Atlanta.
    Case Number: A09A1764

    Trial counsel's failure to request a charge on the definition of offensive weapon in the armed robbery charge was not ineffective assistance, because the trial court was not required to instruct on

  • Jones v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Tyrone A. Jones, Alamo, proceeded pro se. Paul L. Howard Jr., District Attorney, and John O. Williams, Assistant District Attorney, Atlanta, for appellee.
    for defendant:
    Case Number: A09A1946

    The trial court did not err in denying the defe s motion to suppress his identification in a photo line-up, because the photo array did not present an all but inevitable identification of defe