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  • Braley v. City of Forest Park

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: David B. Brown, Jonesboro, and J. Scott Key, McDonough, for appellant. Robert L. Mack Jr. and Joe M. Harris Jr. Mack & Harris PC, Stockbridge, for appellee.
    for defendant:
    Case Number: S09A1799

    Ordinance was not vague nor overbroad, because the statute's definition of public sidewalk is sufficiently definite and plaintiff did not show any constitutionally protected, but infringed upon co

  • Cardinal Robotics Inc. v. Moody

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Christopher J. McFadden, Decatur, for appellant.
    for defendant: Douglas H. Flint and Lawrence O. C. Anderson Flint, Connolly & Walker LLP, Canton, for appellee.
    Case Number: S09A1413

    The trial court did not err in denying a company's disqualification motion, because the company failed to show that the former case involving a law firm's representation of the company had both mate

  • McKiernan v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Giles D. Sexton Sexton & Sexton, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Jon W. Setzer, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: S09A1705

    The trial court erred in dismissing defendant's m to withdraw his guilty plea, because his post-conviction letter requesting to withdraw his guilty plea was sufficient to constitute such a m

  • Roberts v. Cooper

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Daniel M. King Jr., Dublin, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Attorney General, Atlanta, Atlanta, for appellant.
    for defendant: Sarah L. Gerwig-Moore Mercer Law School and Stuart E. Walker Martin Snow LLP, Macon, for appellee.
    Case Number: S09A1512

    The mailbox rule, stated in Massaline v. Williams, 274 Ga. 552 2001, is to be applied only in the circumstances presented therein, i.e., the attempted appeal of a pro se habeas petitioner operating

  • Brown v. Baskin

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Attorney General, Atlanta, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Rodney S. Zell Zell & Zell PC, Atlanta, for appellee.
    Case Number: S09A1956

    Appellate counsel was deficient in not raising trial counsel's failure to present to the trial court authority for cross-examining the victim about the pending criminal charges against him, or other

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    California Premises Liability Law

    Authors: Jayme C. Long

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  • Reynolds v. Infinity Gen. Ins. Co. f/n/a Coventry Ins. Co.

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Ben C. Brodhead III, Atlanta, for appellant.
    for defendant: . Stephen L. Cotter and Yoon J. Ettinger Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee.
    Case Number: S09Q1613

    An insurer's notice of cancellation is not ineffective simply because the notice provides an opportunity for the insured to keep the policy in force by paying the past-due premium within the statuto

  • Frazier v. Mathis

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Arlandus Mathis, Sparta, proceeded pro se.
    Case Number: S09A1458

    The defendant presented no evidence from which the habeas court could conclude that the results of his challenged plea would have been more beneficial to him had counsel spent more time with him, or

  • American Lien Fund LLC v. Dixon

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: John A. B. Ayoub Ayoub & Mansour LLC, Atlanta, for appellant.
    for defendant: Bradley A. Hutchins Proctor Hutchins, Atlanta, Roy E. Barnes and John R. Bevis The Barnes Law Group LLC, Marietta, for appellees.
    Case Number: S09A1602

    A factual dispute remained as to whether the appellee fell into the exception provided in O.C.G.A. § 48-4-47 b-stating that the tender requirement of O.C.G.A. § 48-4-42 does not apply if it clearly

  • Knox v. Wilson

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Dennis T. Cathey Cathey & Strain PC, Cornelia, Robert P. Marcovitch Gaslowitz Frankell LLC, Atlanta, and Wyckliffe A. Knox Jr., Augusta, for appellant.
    for defendant: . Samuel L. Oliver and Jason A. Dean Hulsey, Oliver & Mahar LLP, Gainesville, for appellees.
    Case Number: S09A1490

    Appellants lost their mineral right through nonuse, plus nonpayment of

  • Salmon-Davis v. Davis

    Publication Date: 2010-02-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Divida Gude, Atlanta, for appellant.
    for defendant: Xavier Davis, Atlanta, proceeded pro se.
    Case Number: S09F1609

    The record belied the mother's contention that the trial court did not consider the effects of relocation or the ch 's best interest in awarding primary physical custody of the parties' three c