• Owen v. Watts

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Christine Owen, Blairsville, proceeded pro se. Merlinus G. Monroe, Gainesville, and James B. Outman, Atlanta, for appellee. Other party representation: Amy B. Harbst, Cleveland.
    for defendant:

    Case Number: A10A0774

    The trial court did not err in disregarding O.C.G.A. § 49-5-281, the Foster Parent's Bill of Rights, because the trial court did consider the former foster parents throughout the adoption pr

  • Pounds v. Brown

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: W. Pitts Carr Carr, Tabb, Pope & Freeman LLP, Atlanta, and Hylton B. Dupree Jr. Dupree & Kimbrough LLP, Marietta, for appellant.
    for defendant: . David H. Flint Schreeder, Wheeler & Flint LLP, Michael Weinstock, Richard V. Merritt Weinstock & Scavo PC, Dwight J. Davis King & Spalding, Leo E. Reichert, F. Berry McCabe, Atlanta, Harbert S. Gregory Jr. Brock, Clay, Calhoun & Rogers PC, Robert B. Silliman Awtrey & Parker, Marietta, and S. Lester Tate III Akin & Tate, Cartersville, for appellees.

    Case Number: A10A0497

    The trial court erred in allowing an EMC to adopt a bylaw amendment providing for proxy voting at future meetings, because the amendment was contrary to the terms of a settlement agreement between

  • Scott v. State

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jennifer A. Trieshmann Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.

    Case Number: A10A0143, A10A1035

    The evidence supported defendant's conviction, because he falsely claimed to live with his cousin, whose address defendant listed as his residence on the Sex Offender registration

  • In the Interest of K.L.

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James J. Anagnostakis, Douglasville, for appellant.
    for defendant: Barry H. Wood, Douglasville, for appellee.

    Case Number: A10A0813

    The juvenile court erred in concluding that a 10-day adjudication was not ripe on grounds that no probable /detention hearing had been held, because the juvenile court necessarily found probabl

  • Community Marketplace Properties LLC v. Suntrust Bank

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jeffrey B. Talley Jeffrey B. Talley & Assocs. PC, Dallas, for appellant.
    for defendant: . Caroline B. Stefaniak Husch Blackwell Sanders LLC, Chattanooga, Tenn., for appellee.

    Case Number: A10A0595

    The trial court did not err in denying a debtor's summary judgment motion, because the bank substantially complied with O.C.G.A. § 13-1-11, by sending a letter to the debtor stating its intent to fo

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  • Campbell v. Goode

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Theodore Freeman Freeman, Mathis & Gary LLP, Atlanta, and Paul I. Hotchkiss Freeman Mathis & Gary LLP, Forest Park, for appellant.
    for defendant: . Daniel C. Chapman III, Milton F. Eisenberg II Chapman & Pope, Conyers, James E. Carter and Miguel A. Cossio James E. Carter & Assocs. LLC, Savannah, for appellee.

    Case Number: A10A0578

    The trial court erred in denying summary judgment to two police officers in their personal capacities on the plaintiff's negligence and intentional torts claims, because no genuine issue of material

  • Mincey v. State

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jimmonique R. Rodgers and Jennifer A. Trieshmann Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Deshala D. Bray, Assistant District Attorney, Cordele, for appellee.

    Case Number: A10A0749

    Sufficient evidence authorized jury to find that the defendant intended to possess a cell phone while incarcerated in violation of O.C.G.A. § 42

  • Matherlee v. State

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jerry M. Matherlee, Reidsville, proceeded pro se. Garry T. Moss, District Attorney, and Sara A. Thompson, Assistant District Attorney, Canton, for appellee.
    for defendant:

    Case Number: A10A0472

    A petition to vacate a judgment of conviction is not an appropriate remedy in a criminal

  • Srader v. Midkiff

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gary P. Bunch, Carrollton, for appellant.
    for defendant: . James J. Hopkins, Carrollton, for appellee.

    Case Number: A10A0523

    Trial court did not err in issuing a final judgment without receiving the minor's test or appointing a guardian ad litem, because it heard the grandparents' and father's test

  • Georgia Real Estate Properties Inc. v. Lindwall

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thomas M. Mitchell Carothers & Mitchell LLC, Buford, for appellant.
    for defendant: Stephanie L. Curd Gunther & Whitaker PA, Acworth, and Matthews P. Benson Mahaffey Pickens Tucker LLP, Lawrenceville, for appellees.

    Case Number: A10A0562

    The trial court did not err in granting summary judgment to the defendants on th er's breach of contract claim, because no evidence showed that the conditions for paying a sales commission to t