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  • In the Interest of H. Y.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Ralph F. Forsythe, Cedartown, for appellant.
    for defendant: Thurbert E. Baker, Attorney General Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Billie J. Crane Mundy & Gammage PC, Cedartown, for appellee. Other party representation: Richard J. Lundy Parker & Lundy, Cedartown.
    Case Number: A04A2245

    The evidence clearly established that the mother's actions and omissions, both before and after the children were placed in DFACS care, constituted neglect and that the children's deprivation was li

  • Sones v. Real Estate Dev. Group Inc.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Charles E. Muskett, East Point, and Leslie L. Aiken, Gainesville, for appellant.
    for defendant: Edward H. Lindsey Jr. and Sharon E. Murphy Goodman, McGuffey, Aust & Lindsey LLP, Atlanta, for appellees.
    Case Number: A05A0139

    The plaintiff assumed the risk of his injuries from a fall as a matter of law when he voluntarily chose to be lifted high above the ground on a fork lift, which was not designed as a work platform a

  • Baker v. State

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Elizabeth M. Grant Legal Aid & Defender Clinic, and Vicki E. Carter, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellee.
    Case Number: A04A2264

    The defendant never invoked his speedy trial demand to two charges of sexual battery, since his counsel failed to comply with the statutory service requirements of O.C.G.A. § 17-7-

  • Smith v. State

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jackie G. Patterson Law Offices of Jackie G. Patterson PC, Atlanta, for appellant.
    for defendant: Robert Stokely, Solicitor General, Seay VanPatten-Poulakos, Chief Assistant Solicitor General, Monica N. Hamlett, Assistant Solicitor, and Sandra N. Wisenbaker Coweta County Solicitor's Office, Newnan, for appellee.
    Case Number: A04A2184

    The Traffic Violations Bureau exceeded its authority for minor traffic offenses in sentencing the defendant to 12 months probation, a $1,000 fine and suspension of his operator's p

  • Wilson v. State

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Harold A. Sturdivant and Benjamin D. Coker Sullivan, Sturdivant & Ogletree PC, Griffin, for appellant.
    for defendant: William T. McBroom III, District Attorney, and Josh W. Thacker, Assistant District Attorney, Griffin, for appellee.
    Case Number: A05A0018

    Defendant's conviction for sexual assault under O.C.G.A. § 16-6-5.1 b could not stand, since there was no evidence that the defendant held a supervisory position over the nursing home resident he wa

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Ogle v. State

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William C. Lea and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Jeffrey H. Brickman, Acting District Attorney, Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A04A2343

    The state's forensic interviewing expert did not give an opinion on the ultimate issue when she testified based on her extensive experience that the victim's interview was consistent with one given

  • Strickland v. State

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Joshua D. Huckaby Sanders & Smith, Toccoa, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Clarkesville, and Deborah S. Wilbanks, Assistant District Attorney, Toccoa, for appellee.
    Case Number: A04A0526

    A roadblock which is set up to question residents about a recent murder in the area passes constitutional muster under the recently decided Illinois v. Lidster, 540 U.S. 419

  • Dalton Diversified Inc. v. AmSouth Bank

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John W. Davis Jr. and F. Gregory Melton, Dalton, for appellant.
    for defendant: Geoffrey H.Cederholm, William A. Dupree IV Miller & Martin PLLC, Atlanta, Henry C. Tharpe Jr. Sponcler & Tharpe LLC, Dalton and Anthony B. Erwin, Calhoun, for appellee.
    Case Number: A04A2344

    Judgment not withstanding the verdict was demanded as a matter of law with regard to plaintiff's conversion claim because plaintiff did not prove title to the allegedly converted pro

  • Walden v. Shelton

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Gary P. Bunch, Atlanta, for appellant.
    for defendant: Thomas E. Maddox Jr., Orange Park, Fla., for appellee.
    Case Number: A04A2120

    The trial court has discretion in awarding attorneys' fees where it determines that a defamation claim was verified in violation of O.C.G.A. § 9 .1.

  • Brock v. State

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John L. Strauss, Covington, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, Wanda G. Johnson, and Bill D. Golden, Assistant District Attorneys, Barnesville, for appellee.
    Case Number: A05A0044

    Since the victim turned 16 during the defendant's July 1997 trial, the 7-year statute of limitation for aggravated child molestation did not begin to run until the victim's mother notified police ab