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  • Century Bank of Ga. v. Bank of Am. NA

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Richard W. Andrews Sponcler & Tharpe LLC, Dalton, for appellant.
    for defendant: William A. DuPre IV, Paul M. Alexander Miller & Martin PLLC, Atlanta, and James F. Ledbetter, Calhoun, for appellees.
    Case Number: S09A1255

    The appellee was not entitled to an injunction in its suit against a debtor, who had an independent banking relationship with the appellant, because the appellee had an adequate remedy a

  • Pareja v. State

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Donald F. Samuel and William C. Lea Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Assistant District Attorney, Atlanta, for appellee.
    Case Number: S09G0960

    The trial court did not abuse its discretion in admitting evidence of alleged, but not previously reported, child abuse, which occurred 26 years before the charged crime, due to its similarity and i

  • Taylor v. State

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brenda J. Bernstein The Bernstein Firm PC, Atlanta, for appellant.
    for defendant: Tracy G Lawson, District Attorney, and Billy J. Dixson, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: S09G0881

    The defendant should never have been charged with involuntary ma hter for a death that resulted from reckless driving, since vehicular homicides, which were formerly prosecuted as involuntary m

  • McCord v. Lee

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Paul E. Weathington, Wayne D. Toth and Charles M. Smith The Weathington Firm PC, Atlanta, for appellant.
    for defendant: . Robert C. Lamar, Keith A. Pittman, Katherine A. Eichelberger Lamar, Archer & Cofrin LLP and Jane C. Taylor Sommers, Scrudder & Bass LLP, Atlanta, for appellees.
    Case Number: S08G1947

    The new injury exception is not applicable when the evidence demonstrates only th patient's existing condition was misdiagnosed and mistreated and that condition was the same one that existed

  • Silman v. Associates Bellemeade

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kevin A. Adamson, Atlanta, for appellant.
    for defendant: Lynn M. Leonard Sharon W. Ware & Assocs., Stephen L. Cotter and Pamela N. Lee Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellees.
    Case Number: S09G0490

    Baxley v. Hakiel Industries, 282 Ga. 312 647 SE2d 29 2007, reaffirmed the proposition that ' "spoliation refers to the destruction or failure to preserve evidence that is necessary to contemplated o

  • Law Journal Press | Digital Book

    Massachusetts Legal Ethics & Malpractice 2017

    Authors: James S. Bolan, Sara N. Holden

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  • Gutierrez v. State

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Robert L. Mack Jr. Mack & Harris PC, Stockbridge, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Luana Popescu and Jason B. Green, Assistant District Attorneys, Jonesboro, Thurbert E. Baker Jr., Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A0843

    The defendant's aggravated assault conviction did not merge with his conviction for murder, because the evidence showed that the aggravated assault offense was completed prior to the incident that s

  • Owners Ins. Co. v. Smith Mechanical Contractors Inc.

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Michael C. Kendall and Maureen E. Murphy Talley, French & Kendall PC, Douglasville, for appellant.
    for defendant: William S. Stone, David W. Boone, Simone R. Siex, Aileen R. Page, Andy J. Williams Jr. and Antoinette Davis Boone & Stone, Atlanta, for appellee.
    Case Number: S09G0480

    The care, custody or control provision of the parties' CGL insurance policy did not exclude coverage for the e in question, since the undisputed evidence showed that there was no bailment of th

  • O'Keefe v. O'Keefe

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Miles W. Rich, Roswell, for appellant.
    for defendant: Pamela L. Tremayne, Atlanta, for appellee.
    Case Number: S09F1368

    The trial court failed to state the statutory provision it relied upon in awarding attorneys' fees to the wife and failed to set forth facts supporting the award under either OCGA § 19-6-2 or OCGA §

  • Hubbard v. State

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John D. Rasnick, Manchester, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, John M. Caldwell, Assistant District Attorney, LaGrange, Thurbert E. Baker, Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1235

    The trial court did not abuse its discretion in denying the defendant's motion to remove a prospective juror, who knew the victim's family from seeing them at local churches and who went to the fune

  • Nelson v. State

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1033

    The evidence supported the defendant's murder convi