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  • Durrence v. State

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John S. Wetzler, Brunswick, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Sandra Dutton, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A10A2125

    Because defendant failed to include the records in question in the appellate record, the Court had no means of properly evaluating the propriety of the trial court's r

  • Sowell v. Branch Banking & Trust Co.

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Warren R. Power, Patrick D. Jaugstetter and Lauren A. Thompson Power, Jaugstetter & Futch PC, McDonough, for appellant.
    for defendant: Joseph P. Farrell and Kevin E. Quirk Quirk & Quirk, Atlanta, for appellee.
    Case Number: A10A2109

    A loan modification was supported by consideration and thereby enforceable because in exchange for executing the modification, the bank gave the borrower and the guarantors additional time to pay of

  • In Re Estate of Long

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Clarence L. Leathers Jr., Suwanee, for appellant.
    for defendant: David M. Waldroup Smith, Welch & Brittain, McDonough, Birdia M. Greer, Roswell, Larry J. Overman II, Atlanta, and L. J. Overman, Fayetteville, for appellee.
    Case Number: A10A2004

    Probate court decisions supported by any evidence will be affirmed and requirement that probate court issue a final order resolving all issues required probate court to identify whether and in what

  • Johnson v. State

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Leslie R. Lowry Public Defender's Office, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, Margaret E. Heap and Julayaun M. Waters, Assistant District Attorneys, Savannah, for appellee.
    Case Number: A10A2274

    Based on the facts, the trial court correctly determined that defendant received effective assistance of counsel when counsel met with defendant multiple times, reviewed evidence with defendant, inv

  • Judicial Council of Ga. v. Brown & Gallo LLC

    Publication Date: 2011-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, and Stefan E. Ritter, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: . L. Lin Wood Jr., Stacey G. Evans Bryan Cave LLP, and Ann W. Ferebee Powell Goldstein LLP, Atlanta, for appellee.
    Case Number: A09A1936

    The Administrative Procedure Act exempts the Board of Court Reporting of the Judicial Council of Georgia and the Judicial Council of Georgia from its waiver of sovereign immunity because they are a

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    New Jersey Employment Law 2024

    Authors: Rosemary Alito

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  • Gibson Constr. Co. v. GAA Acquisitions LLC

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Andrew R. Diamond, Atlanta for appellant.
    for defendant: Kevin L. Ward, Jill D. Prussack and Joseph L. Kelly Schulten, Ward & Turner LLP, Atlanta, for appellees.
    Case Number: A10A2037

    A loan modification agreement was valid and enforceable, even though it was not rec

  • Williams v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Carole Cox, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A2025

    The trial court's error in instructing the jury with the pre-Garza definition of asportation most likely did not contribute to the judgment, since a witness testified that the defendant forced the v

  • Grant v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Maurice V. Joseph, Assistant Public Defender, Reidsville, and Craig T. Pearson Public Defender's Office, Hinesville, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Hinesville, for appellee.
    Case Number: A10A2217

    The defendant's admission that he traded the stolen jewelry for drugs was integral to his motive for bur

  • Muscogee County Bd. of Tax Assessors v. Pace Indus. Inc.

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Travis C. Hargrove and Kirsten C. Stevenson Page, Scrantom, Sprouse, Tucker & Ford PC, Columbus, for appellant.
    for defendant: Mary T. Benton and Timothy J. Peaden Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A10A1856

    The freeport exemption did not apply to a company's inventory in Georgia because the company was not holding the inventory for final shipment outside of the

  • McKissick v. Aydelott

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Waymon S. Harrell, Perry, for appellant.
    for defendant: Stephen N. Hollomon, Warner Robins, for appellee.
    Case Number: A10A2325

    The trial court did not abuse its discretion in denying the plaintiff's motion in limine to exclude evidence pertaining to issues litigated in arbitration based on the principle of res judicata beca