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  • The Potter's Properties LLC v. VNS Corp.

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Tommy J. Smith, Vidalia, for appellant.
    for defendant: Howard C. Kaufold Jr., Vidalia, for appellee. Other party representation: Reid A. Threlkeld Andrew & Threlkeld PC, Vidalia, and Edward B. Claxton III, Dublin.
    Case Number: A10A1776

    The judgment creditor was not so situated that the disposition of the appellant's action against the bank to reform a deed to certain real property to correct what the appellant alleged was a scrive

  • Boykins v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lynn M. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Daniel J. Quinn, Assistant District Attorney, and William T. Kemp III District Attorney's Office, Decatur, for appellee.
    Case Number: A10A1182

    An officer's search of the passenger compartment of the defendant's vehicle was valid under Arizona v. Gant, 556 U. S.__ 129 SC 1710 2009, because the defendant was standing outside of his vehicle,

  • Baxter v. Fairfield Financial Servs. Inc.

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Cary Ichter and S. Renee Huskey Ichter Thomas LLC, Atlanta for Baxter. Robert J. Waddell Jr., Charles J. Myers McGuire Woods and Leigh M. Wilco Weissman, Nowack, Curry & Wilco PC, Atlanta, for Fairfield Fin. Servs.
    for defendant:
    Case Number: A10A1107, A10A1108

    Res judicata did not bar an action by a bank against guarantors of loans made to a development company, since the prior action merely triggered the guarantors' obligation to indemnify the bank for t

  • Silverio v. State

    Publication Date: 2010-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Norman H. Cuadra, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lisa A. Jones and Tracie H. Cason, Assistant District Attorneys, Lawrenceville, for appellee.
    Case Number: A10A1528

    The defendant failed to show that the state had an opportunity for meaningful cross-examination of a co-indictee at o-indictee's plea hearing, so the trial court did not err in refusing to admi

  • City of Atlanta v. Clayton County Bd. of Tax Assessors

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edward H. Wasmuth Jr.Smith, Gambrell & Russell, Atlanta, for appellant.
    for defendant: Jack R. Hancock Freeman Mathis & Gary LLP, Forest Park, and Brian R. Dempsey, Atlanta, for appellee.
    Case Number: A10A0997; A10A0998; A10A0999; A10A1000; A10A1001

    Five parcels of property, which the city of Atlanta leased to Delta Air Lines Inc. were exempt from ad valorem taxation under OCGA § 48-5-41 a 1 B i for the 2005 tax

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Payless Car Rental Sys. Inc. v. Elkik

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Stephen E. Hudson and Rachel L. Zichella Kilpatrick Stockton LLP, Atlanta, for appellant.
    for defendant: . Anthony Elkik, Sunny Isles Beach, Fla., proceeded pro se.
    Case Number: A10A1316

    The trial court erred in denying the appellants' motion for summary judgment on the appellee's counterclaim for breach of contract, since the appellee came forward with no affidavit, deposition test

  • Greene v. Greene

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Charla E. Strawser Callner, Portnoy & Strawser PC, Atlanta, for Mark C. Greene. Alan Mullinax Alan Mullinax & Associates PC and Tamela L. Adkins Adkins Law, Lawrenceville, for Alla Y. Greene.
    for defendant:
    Case Number: A10A1463; A10A1464

    The Court of Appeals affirmed the grant of the wife's contempt motion against her ex-husband for exposing the parties' daughter to Christianity in violation of the terms of their settlement agreemen

  • Belans v. Bank of Am. N.A.

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John A. Christy and Philip R. Green Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: . Thomas E. Reilly, Cory S. Menees and Claiborne B. Smith Troutman Sanders LLP, Atlanta, for appellee.
    Case Number: A10A1502

    The Court affirmed the confirmation of the foreclosure sales of three properties, since the appellee provided sufficient evidence of the true market value of the properties and the sales were proper

  • Barnard v. Turner County

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John C. Spurlin Spurlin & Spurlin, Tifton, for appellant.
    for defendant: . Michael A. O'Quinn O'Quinn & Cronin, McDonough, and William C. Heard, Macon, for appellees.
    Case Number: A10A1533

    An issue of fact remained as to whether county road superintendant negligently performed a ministerial duty in his official cap

  • Mosera v. Davis

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Angelo T. Merolla Merolla & Gold LLP, Atlanta, for appellant.
    for defendant: Kim M. Jackson Hawkins & Parnell, Atlanta, for appellees.
    Case Number: A10A1253

    The defending attorneys exercised their best, informed judgment given the circumstances and, thus, were not liable for malpractice pursuant to the judgmental immunity doc