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  • Jones v. Brown

    Publication Date: 2009-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jean F. Johnson, Duluth, for appellant.
    for defendant: Victor L. Brown, Royston, proceeded pro se.
    Case Number: A09A1540

    The plaintiff, who failed to pay the sheriff's service fee until 133 days after the 2-year statute itation period ran, failed to exercise due diligence in perfecting service outside the statue

  • DuPree v. South Atlantic Conference of Seventh Day Adventists Inc.

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard S. Alembik, Decatur, for appellant.
    for defendant: Donna J. Salem Salem & Wong and Wendell K. Willard, Atlanta, for appellees.
    Case Number: A09A0722

    A factual questioned remained as to whether the defendant waived its right to object to plaintiff's failure to make a second earnest money deposit 10 days before the scheduled cl

  • Clowers v. State

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert D. Jewell, Moultrie, for appellant.
    for defendant: Clifford P. Bowden, District Attorney, Tifton, for appellee.
    Case Number: A09A1487

    Defense counsel was not deficient for failing to file a motion to suppress the photographic line-up evidence, since the photographic arrays were not impermissibly sugge

  • Pike v. State

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard Phillips Phillips & Kitchings, Ludowici, for appellant.
    for defendant: Louie C. Fraser, District Attorney, and Chad A. Pritchett, Assistant District Attorney, Dublin, for appellee.
    Case Number: A09A1396

    Pict f the defendant's wife, which depicted her in various stages of undress, supported the state's theory that the defendant had a bent of mind and lustful disposition that involved taking pic

  • Pointer v. State

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert P. McFarland Jr., Cumming, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, and Jason S. Johnston, Assistant District Attorney, Barnesville, for appellee.
    Case Number: A09A1146

    Defense counsel was deficient in not objecting to expert witness testimony that improperly bolstered the victim's credib

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • James v. Sirmans

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William V. Evans, Douglas, for appellant.
    for defendant: John H. Smith Jr. Young, Thagard, Hoffman, Smith & Lawrence, and William A. Turner Jr., Valdosta, for appellee.
    Case Number: A09A1280

    The plaintiff could not maintain her injury suit, since she successfully negotiated the alleged dangerous condition on at least two other occasions within months of her

  • Heard v. State

    Publication Date: 2009-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jeffrey B. Shattuck, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Lynda S. Caldwell, Assistant District Attorney, LaGrange, for appellee.
    Case Number: A09A1568

    The defendant took substantial steps toward the commission of a bank ro

  • Bennett v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Nicholas A. Lotito Davis, Zipperman, Kirschenbaum & Lotito, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A1311

    De counsel was deficient for failing to admit evidence of the victim's prior conviction for family violence aggravated assault in presenting the defendant's justification de

  • Herieia v. State

    Publication Date: 2009-05-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Romin V. Alavi Plichta, Alavi & Assocs., Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray, Ann B. Harris, Assistant District Attorneys, Marietta, and Richard H. Kimberly Jr., Atlanta, for appellee.
    Case Number: A09A0945

    The victim's testimony about a second unidentified victim was admissible as part of the res g

  • In the Interest of T. W.

    Publication Date: 2009-05-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Constance M. Daise, Jonesboro, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Atlanta, Joiya L. Efemini, Mableton, and Joseph T. Justice, Dallas, for appellee.
    Case Number: A09A1090

    Evidence of the mother's pattern of violence toward men supported a finding that her children were dep