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  • Kyle v. Georgia Lottery Corp.

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Angelo T. Merolla Merolla & Gold LLP, Atlanta, for appellants. Samuel S. Olens, Attorney General, William W. Banks Jr., Shereen M. Walls, Senior Assistant Attorneys General, R. O. Lerer Attorney General's Office, Bradley J. Harrison, and Mark S. VanderBroek Troutman Sanders LLP, Atlanta, for appellees.
    for defendant:
    Case Number: S10G1808

    The Georgia Lottery Corporation was entitled to sovereign immunity on the plaintiffs' trademark infringement claims because its purpose, function, and management are indelibly intertwined with the s

  • Lytle v.State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: C. Samuel Rael, Atlanta, for appellant. Anne C. Allen, Assistant District Attorney, Carrollton, Sheila E. Gallow, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1226

    No evidence showed an actual conflict in representation solely because the same public defender's office represented multiple co-indi

  • Wallis v. Porter

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Frank Armstrong III, Nancy L. Richardson, J. Douglas Stewart Stewart, Melvin & Frost LLP, and Rustin L. Smith, Gainesville, for appellants. Cary D. Cox, Blairsville, for appellee.
    for defendant:
    Case Number: S11A0913

    The expert testimony of a surveyor supported the trial court's finding that the plaintiff had superior title to a disputed 6-acre parcel of

  • Sides v. Sides

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Dennis G. Collard Kessler, Schwarz & Solomiany PC, Atlanta, for appellant. David N. Marple and Richard W. Schiffman Jr. Davis, Matthews & Quigley PC, Atlanta, for appellee.
    for defendant:
    Case Number: S11F1140

    The wife did not show that the increase in the husband's net worth over their nearly 20-year marriage presented a change in circumstance that would make enforcement of their prenutial agreement unf

  • Rowden v. Rowden

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Dwight T. Feemster Duffy & Feemster LLP, Savannah, for appellant. Molly M. Howard Howard & Whatley PC, Savannah, for appellee.
    for defendant:
    Case Number: S11F0812

    Although both parents were fit and spent quality time with the children, evidence supported the trial court's decision to grant primary custody to the m

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    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Jones v. Kirk

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: R. Scott Kiker and John P. Tucker Jr., Blue Ridge, for appellants. Jay B. Bell, Lawrenceville, for appellees.
    for defendant:
    Case Number: S11A0960

    The defendant failed to show that he owned the land upon which he lived pursuant to an alleged oral gift from his grandf

  • City of Statesboro v. Dabbs

    Publication Date: 2011-11-04
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Michael L. Graves Jr., Statesboro, for the city of Statesboro. Daniel B. Snipes and Wesley C. Taulbee Franklin Taulbee Rushing Snipes & Marsh, Statesboro, for Dabbs.
    for defendant:
    Case Number: S11A0760; S11X0761

    The plaintiffs were not required to provide ante litem notice of their intent to seek attorneys' fees in their action alleging Open Meetings Act violations, and the plain text of the Act authorized

  • McFolley v. State

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant. John G. Conger, District Attorney, Michael E. Craig, LaRae D. Moore, Letitia A. Sikes, Assistant District Attorneys, Columbus, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Wolk, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1103

    The expert's testimony that the 6-month-old victim died from shaken baby syndrome, being hit on the head and child did not go to the ultimate issue in the case-the person responsible for the

  • State v. Green

    Publication Date: 2011-10-14
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Atlanta, for appellant. Theodore Johnson, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1037

    The defendant acted in self-defense pursuant to O.C.G.A. § 16-3-21, after the victim head-butted him in the

  • Soilberry v. State

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kevin C. Armstrong, Albany, for appellant. Gregory W. Edwards, District Attorney, Heather H. Lanier, Chief Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0847

    The trial court erred in failing to merge the defendant's conviction for aggravated battery based on the fracture of the victim's ribs with malice m