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  • Page v. State

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lawrence J. Zimmerman, Atlanta, and Christopher R. Geel, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Eleanor A. Odom and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A10A1009

    The trial court did not clearly err in determining that the defendant received effective assistance of counsel, since trial counsel's decision not to object to testimony elicited by the state was re

  • Harris v. State

    Publication Date: 2010-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael R. McCarthy, Public Defender, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and John S. Helton, Assistant District Attorney, Dalton, for appellee.
    Case Number: A08A2167

    A riding lawnmower is not a motor vehicle under O.C.G.A. § 16-8-12

  • Royalston v. Middlebrooks

    Publication Date: 2010-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Andrea A. Guariglia Hicks Casey & Foster, Marietta, for appellant.
    for defendant: . Adam P. Princenthal Andrews, Knowles & Princenthal LLC, Rosser A. Malone Thomas W. Malone PC, Atlanta, and Nikolai Makarenko Jr. Groth & Makarenko, Suwanee, for appellee.
    Case Number: A10A0314

    The trial court did not err in denying defendants' motions for directed verdict and j.n.o.v., on grounds that the uncontradicted physical evidence demonstrated that the accident in question happened

  • MARTA v. Maloof

    Publication Date: 2010-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Akua D. Coppock, Thomas G. Sampson II and Tiffany C. Sellers Thomas, Kennedy, Sampson & Tompkins, Atlanta, for appellant.
    for defendant: Joseph H. King Jr., Atlanta, for appellee.
    Case Number: A10A0588

    Collateral estoppel did not work to prevent summary judgment in favor of MARTA, because the issue of whether O.C.G.A. § 9-3-92 applied w fully litigated in the plaintiff's initial action and

  • In the Interest of H. E. B.

    Publication Date: 2010-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Monica N. Hamlett, Assistant Public Defender, Thomaston, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Griffin, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A10A0980

    The juvenile court had jurisdiction over the minor's case, because O.C.G.A. § 15-11-2 2 defines a child, inter alia, as an individual under the age of 18 years, who is alleged to be a status offende

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  • Coffman Grading Co. v. Forsyth County

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Sean P. Dailey Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: . Christopher J. Hamilton Jarrard & Davis LLP, Cumming, for appellees.
    Case Number: A10A0271

    The trial court erred in failing to hold an evidentiary hearing to determine the amount of taxe

  • Henderson v. Schklar

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edward C. Henderson Jr. Taylor English Duma LLP, for appellant.
    for defendant: . William B. Ney Schklar, Ney & Heim LLC, Atlanta, for appellee.
    Case Number: A10A0719

    The appellants breach the parties' settlement agreement twice when they tendered a dishonored check to a third party and later failed to make a required installment pa

  • Sabellona v. Albert Painting Inc.

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David K. May, Sandy Springs, for appellant.
    for defendant: . Frederick M. Valz III and A. Paul Moore Jr. Carlock, Copeland, Semler & Stair, Atlanta, for appellee. Other party representation: Ian R. Rapaport, Jennifer A. Green Law Office of Ian R. Rapaport, Duluth, and Frederick R. Green Goodman McGuffey Aust & Lindsey LLP, Atlanta.
    Case Number: A10A0531

    A painting company was immune from suit pursuant to O.C.G.A. § 34-9-11 c, because it was a business using the services of a temporary help contracting firm and elected Workers' Compensation coverage

  • Allen v. Santana

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edward R. Downs Jr., Riverdale, for appellant.
    for defendant: Stephanie S. Moore, Riverdale, for appellee.
    Case Number: A10A0717

    Res judicata did not bar the appellee's suit for a writ of possession to a vehicle or his suit to collect on a secured debt, because no court of competent jurisdiction previously adjudicated the me

  • Barrett v. Georgia Dep't of Transp.

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John C. Bell Jr. Bell & Brigham, Augusta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston, Senior Assistant Attorney General, Claude M. Sitton and Elizabeth A. Monyak, Assistant Attorneys General, Atlanta, for appellees.
    Case Number: A10A0044

    The DOT only owed the plaintiff a duty not to injure him in a wilful and wanton manner and the plaintiff did not show that the DOT engaged in wilful or wanton conduct leading to his i