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  • Leroy Village Green Residential Health Care Facility Inc. v. Downs

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Marlie A. McDonnell and Christopher S. Anulewicz Balch & Bingham LLP, Atlanta, for appellant.
    for defendant: Mark A. Hendrix Harvey & Hendrix, Richmond Hill, for appellee.
    Case Number: A11A0742

    In an action to domesticate and enforce a New York default judgment, New York procedural law applied to the filing of lees' answer, and since the lees did not timely serve their answer upo

  • Benyard v. State

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kevin Armstrong, Assistant Public Defender, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, and Stephen H. Lee, Albany, for appellee.
    Case Number: A11A1114

    The defendant, who had a prior armed robbery conviction, was found unconscious in his car with his arm wrapped around a

  • Foster v. State

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Albert P. Hopkins III Public Defender's Office, Covington, for appellant.
    for defendant: Layla H. Zon, District Attorney, and Warren S. Summers Sr. District Attorney's Office, Covington, for appellee.
    Case Number: A11A1228

    The defendant's act of throwing an envelope containing a forged check out of a van window as soon as police instigated a traffic stop supported an inference that the defendant had the requisite inte

  • Govindasamy v. Wells Fargo Bank NA

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Elamurughu Govindasamy, Tucker, proceeded pro se. Charles T. Day III, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A0841

    The trial court was not required to wait until the end of the discovery period before ruling on the plaintiff's motion for summary jud

  • In the Interest of A. E. S.

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Cynthia A. Lain, Duluth, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Penny Hannah, Assistant Attorney General, Atlanta, for appellee. Other party representation: Jodie A. Wasson Child Advocate Attorney's Office, Atlanta.
    Case Number: A11A0692

    Evidence that the mother had no contact with her child or with DFACS for the 16 months that he was in DFCS custody supported the termination of her parental r

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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

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  • Citifinancial Servs. Inc. v. Holland

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Howell A. Hall Pendergast & Assocs. PC, Atlanta, for appellant.
    for defendant: Reid V. Sanders Victor Hawk, Augusta, for appellee.
    Case Number: A11A0950

    An order awarding the appellee surplus funds plus interest, was not a final judgment, since her claim for attorneys' fees and costs remained pending in the trial

  • In the Interest of T. C.

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Samantha J. Magis, Assistant Public Defender, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Laura A. Wood, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A11A1092

    Evidence that boxes in an unoccupied home were ransacked and that the home was devoid of electronics authorized an inference that the juvenile entered the residence with intent to commit theft but f

  • Infinite Energy Inc. v. David L. Pardue

    Publication Date: 2011-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Marguerite E. Patrick and Donald A. Loft Morris, Manning & Martin, Atlanta, for appellant.
    for defendant: Johannes S. Kingma, William D. Newcomb III Carlock, Copeland & Stair LLP and Sean R. Smith Taylor English Duma LLP, Atlanta, for appellees.
    Case Number: A11A0293

    The plaintiff timely filed its defamation claim on the first anniversary of the publication, since OCGA § 1-3-1 d 3, as amended in 1985, applies to the 1-year statute of limitation for injuries to r

  • Battle Properties Inc. v. Branch Banking and Trust Co.

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Phillip R. Green and John A. Christy Schreeder, Wheeler & Flint, Atlanta, for appellant.
    for defendant: . Sean A. Gordon Greenberg Traurig LLP, Atlanta, for appellee.
    Case Number: A11A0753

    Trial court did not error by accepting on valuation expert's appraisal method because the foreclosure confirmation statute did not mandate a method of appraisal and the other expert did not account

  • Jimenez v. Chicago Title Ins. Co.

    Publication Date: 2011-07-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Douglas R. Daum, Snellville, for Jimenez. David J. Marmins and Elizabeth R. Johnson Balch & Bingham LLP, Atlanta, for Chicago Title Insurance.
    for defendant:
    Case Number: A11A0252; A11A0253

    The trial court did not err in determining that the title insurance company was not liable for Parcel 2 because Parcel 2 was not included in the deed from the s