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  • McBryar v. Branch Banking & Trust Co.

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Joseph E. Willard Jr., Rossville, for appellant.
    for defendant: . Richard B. Gossett and Sheri A. Fox Baker, Donelson, Bearman, Caldwell & Berkowitz, Chattanooga, Tenn., for appellee.
    Case Number: A10A1610

    The appellee's appraiser used correct methodology in calculating the as is value of the properties in question under the reasoning set forth in Prestley Mill Prof'l Ctr. v. Nat. Bank, 183 Ga. App. 1

  • Reese Developers Inc. v. First State Bank

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Gus H. Small Jr. and Brent W. Herrin Cohen Pollock Merlin & Small PC, Atlanta, for appellant.
    for defendant: . J.D. Humphries III, Ron C. Bingham II and Kenneth B. Franklin Stites & Harbison PLLC, Atlanta, for appellee.
    Case Number: A10A1512

    There is no legal requirement that precludes a secured creditor from obtaining a judgment and levying on the r's property, rather than foreclosing on the property securing the

  • Toth v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Billy J. Toth, Columbus, proceeded pro se. Roxann G. Daniel, Solicitor General, and Suzanne P. Goddard Solicitor General's Office, Columbus, for appellee.
    for defendant:
    Case Number: A10A1115

    Defendant's exclusion of the transcript of the trial court's proceedings from the appellate record precluded review of his claims of

  • Corbin v. State

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Robert C. Rutledge Public Defender Office, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Suhirjahaan S. Morehead, Assistant District Attorney, Rome, for appellee.
    Case Number: A10A0984

    Defendant's erratic driving, his belligerent and aggressive behavior towards another driver in a drive-thru line, the smell of alcohol on his breath, his watery and bloodshot eyes, his staggering w

  • Taylor v. State

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Hugh J. McCullough, Glennville, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Sandra Dutton, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A10A1167

    The totality of the evidence, including the defendant's spatial proximity to the drugs, his possession of drug paraphernalia and similar transaction evidence, was sufficient to authorize his convict

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

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

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  • Parris Properties LLC v. Nichols; Nichols v. Parris Properties LLC

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Kenneth B. Hodges III Baudino Law Group PLC and Simon Weinstein, Atlanta, for Parris Properties. James B. Deal and Michael R. Dunham Gibson, Deal, Fletcher & Dunham PC, Norcross, for Nichols.
    for defendant:
    Case Number: A10A1029; A10A1030; A10A1031

    An easement authorized the removal and replacement of a malfunctioning or worn-out sewer pipeline by expressly placing the responsibility of maintenance and repair with the gr

  • Carmichael v. State

    Publication Date: 2010-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and John B. Cunningham, Assistant District Attorney, Newnan, for appellee.
    Case Number: A10A0964

    Defendant's convictions for aggravated assault and feticide did not merge, since the charged crimes involved different vi

  • Kappelmeier v. Prudential Ins. Co. of Am.

    Publication Date: 2010-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Gottfried A. Kappelmeier, Duluth, proceeded pro se. Ryan J. Lewis Alston & Bird LLP, Kenton J. Coppage Smith Moore Leatherwood LLP, Atlanta, Michael P. Johnson McMickle, Kurey & Branch LLP, Alpharetta, and Sandra D. Hauser Sonnenschein Nath & Rosenthal LLP, New York, NY, for appellant.
    for defendant: .
    Case Number: A10A1341

    Appellant's purposeful omission from the record on appeal of all documents filed by appellee relating to its motion for summary judgment rendered a de novo review impos

  • Prince v. Bailey Davis LLC

    Publication Date: 2010-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Jeffrey M. Prince, Marietta, proceeded pro se. C. Lee Davis Bailey Davis Brown & Sutton LLC, Marietta, for appellees.
    for defendant:
    Case Number: A10A1420

    A party seeking to enforce an arbitration award over attorneys' fees may elect to file an application for confirmation of the award in superior court pursuant to the Georgia Arbitration Code, O.C.G.

  • Scott v. State

    Publication Date: 2010-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Kevin Armstrong, Assistant Public Defender, and Leisa G. Terry, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, and Jana W. Allen, Assistant District Attorney, Albany, for appellee.
    Case Number: A10A1609

    The Court could not address a constitutional question that did not appear in the record and was not distinctly ruled upon by the trial