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  • Fortson v. Tucker

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Anthony A. Rowell, Charles A. Dorminy, and Thomas M. Burke Jr. Hall, Booth, Smith & Slover PC, Tifton, for appellant.
    for defendant: . John C. Spurlin Spurlin & Spurlin and Thomas H. Pittman, Tifton, for appellees.
    Case Number: A10A2340

    The plaintiffs' appeal to superior court was time barred because they filed it almost three years after the zoning board of appeals' dec

  • Crowe v. Elder

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thomas M. Strickland, Watkinsville, for appellant.
    for defendant: Kevin E. Epps and J. Edward Allen Jr. Fortson, Bentley & Griffin PA, Athens, for appellee.
    Case Number: A10A1808

    Res judicata barred the plaintiff's because her instant breach of contract involved the same parties and arose out of the same facts as her previous fraud

  • In the Interest of C. A. L.

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Joseph W. Jones Public Defender's Office, Newnan, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and Linda B. Taylor Hunnicutt & Taylor, Newnan, for appellee.
    Case Number: A10A2257

    The juvenile court did not err in finding the child deprived, regardless of parental fault, because evidence showed that she was inappropriately touched and suffered from sexual

  • Stump v. Young

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Randall A. Constantine Mazursky Constantine LLC, Atlanta, for appellant.
    for defendant: Alan Mullinax and Zachary R. Stepp Alan Mullinax & Assocs. PC, Lawrenceville, for appellee.
    Case Number: A10A2205

    Because the trial court's order made it clear that the issues of attorneys' fees, costs and interest remain to be resolved, it was not a final judgment, bsent a certification of immediate revie

  • Osorto-Aguilera v. State

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defenders Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A1783

    The trial court did not err in denying the defendant's request to charge the jury on good character, based on his having no criminal record, because simply having no convictions or a clean record is

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  • Britton v. Fed. Nat'l Mortgage Ass'n

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kenneth A. Britton, Stone Mountain, proceeded pro se. Philip A. Hasty, Atlanta, Denise R. Griffin and Heather M. Malick Shapiro & Swertfeger LLP, Lawrenceville, for appellee.
    for defendant:
    Case Number: A10A2132; A10A2133

    Appellant abandoned his appeal of the issuance of a dispossessory order because he failed to file a brief or enumerations of

  • Andrews v. State

    Publication Date: 2011-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Alfred D. Dixon, Atlanta, and Anna G. Cross, Decatur, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, and Mark S. Daniel, Assistant District Attorney, Forsyth, for appellee.
    Case Number: A10A1986

    The defendant did not show prejudice from counsel's failure to object to the investigating officer's presence in the cour

  • Arellano-Campos v. State

    Publication Date: 2011-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Karen M. Harris, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A2052

    Trial counsel was not ineffective for allegedly failing to present available exculpatory evidence at trial because trial counsel testified that he had never seen any of the evidence at issue before

  • Sandlin v. State

    Publication Date: 2011-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: D. Scott Cummins Stemberger, Cummins & Arnall PC, Newnan, and Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Robert Stokely, Solicitor General, and Stephen J. Tuggle, Assistant Solicitor, Newnan, for appellee.
    Case Number: A10A2197

    O.C.G.A. § 40-6-391 a 6 is unconstitutional on equal protection grounds with regard to the prescription drug alprazolam, and, Love v. State, 271 Ga. 398 1999, does not require a showing that the de

  • Johnson v. State

    Publication Date: 2011-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Andrea H. Strawn Cook & Connelly, Summerville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Kevin J. Baugh District Attorney's Office, LaFayette, for appellee.
    Case Number: A10A2099

    The trial court erred in revoking the defendant's probation for failing to pay court-ordered fines, costs and fees, without making express or written findings why the defendant failed to pay o