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  • Barrs v. Acree

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thomas P. Allen III Martin Snow LLP, Macon, for appellant.
    for defendant: Daniel L. Studstill Studstill Firm LLP, Nashville, and Markie E. Perry II, Valdosta, for appellees.
    Case Number: A10A0230

    The trial court did not err in granting summary judgment to defendant on whether defendant was liable to plaintiff for fire, because fendant was not defendant's employee, no evidence showed tha

  • Bramlett v. State

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Rafe Banks III and Daisy D. Weeks Banks & Stubbs LLP, Cumming, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, Cumming, for appellee.
    Case Number: A10A0397

    The trial court did not err in denying the defendant's motion to suppress evidence of his performance on two field sobriety tests, because he voluntarily submitted to several field sobriety tests re

  • Bell v. State

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John N. Habib, Assistant Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Lenny I. Krick, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A10A0195

    The police's impoundment of defendant's vehicle which had expired tags was reasonably necessary because the vehicle could not be driven by a

  • Lambert v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Frederick M. Scherma, Atlanta, for Candice Lambert. Anthony O. Van, Atlanta, for April Schaub. Patrick H. Head, District Attorney, and Dana J. Norman, Marietta, for appellee.
    for defendant:
    Case Number: A10A0335, A10A0336

    The defendants entered the victim's bedroom and take money from the victim's w

  • Charter Club v. Walker

    Publication Date: 2010-01-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jason A. LoMonaco and George E. Nowack Jr. Weissman, Nowack, Curry & Wilco PC, Kristin P. Killeen, Atlanta, for appellant.
    for defendant: Randall M. Lipshutz and Jody L. Peskin Lipshutz, Greenblatt & King LLP, Decatur, for appellee. Other party representation: Wayne S. Hyatt and JoAnne P. Stubblefield Hyatt & Stubblefield, Atlanta.
    Case Number: A09A2108

    O.C.G.A. § 44-5-60 d 4 prohibits a change in a homeowner association's restrictive covenants, which imposes greater restrictions on the use or development of land, unless agreed to in writing by th

  • Law Journal Press | Digital Book

    California Premises Liability Law

    Authors: Jayme C. Long

    View this Book

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  • Asuamah v. Cendant Mobility Financial Corp.

    Publication Date: 2010-01-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Leon A. Van, Atlanta, for appellant.
    for defendant: David L. Rusnak Scoggins & Goodman PC, and Scott H. Michalove, Atlanta, for appellee. Other party representation: John G. Nelson Weissman, Nowack, Curry & Wilco PC, Atlanta.
    Case Number: A08A0210

    The negligent construction exception to caveat emptor exempts from the defense of caveat emptor only a negligence claim by a homeowner seeking recovery against the builder/seller of the home for lat

  • State v. Smiley

    Publication Date: 2010-01-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Carmen D. Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellant.
    for defendant: George C. Creal Jr., Forest Park, for appellee.
    Case Number: A09A1827

    The trial court presumably found bad faith on the part of the state in disobeying a discovery order to produce documents pertaining to the Intoxilyze

  • Sol Melia SA v. Brown

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: G. Phillip Beggs Moore Ingram Johnson & Steele LLP, Marietta, for appellant.
    for defendant: . Nigel J. Wright and Elizabeth J. Campbell Locke Lord Bissell & Liddell LLP, Atlanta, for appellees.
    Case Number: A09A2336, A09A2337, A09A2338

    The trial court erred in ruling that the long-arm statute allowed personal jurisdiction over the defendant in the plaintiffs' injury suit, arising out of an automobile collision in the Dominican Rep

  • Mims v. State

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert L. Mack Jr., Stockbridge, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A09A2390

    There was no reasonable probability that, but for the withdrawal of the defendant's alibi defense, the outcome of his trial would have dif

  • Charter Club v. Walker

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jason A. LoMonaco and George E. Nowack Jr. Weissman, Nowack, Curry & Wilco PC, Kristin P. Killeen, Atlanta, for appellant.
    for defendant: Randall M. Lipshutz and Jody L. Peskin Lipshutz, Greenblatt & King LLP, Decatur, for appellee. Other party representation: Wayne S. Hyatt and JoAnne P. Stubblefield Hyatt & Stubblefield, Atlanta.
    Case Number: A09A2108

    O.C.G.A. § 44-5-60 d 4 prohibits a change in a homeowner association's restrictive covenants, which imposes greater restrictions on the use or development of land, unless agreed to in writing by th