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Publication Date: 2002-03-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: William H. Arroyo William H. Arroyo & Assocs., Tucker, for appellant.
for defendant: Robert J. Proctor and Bradley A. Hutchins Proctor & Chambers, Atlanta, for appellees. Other party representation: Rodney T. Floyd, Overtis H. Brantley and Vernitia A. Shannon Office of the County Attorney, Atlanta, for appellees.
Case Number: A01A2515
The evidence authorized the trial court to conclude that plaintiff had constructive notice of her delinquent tax status prior to the tax sale of her pro
Publication Date: 2002-03-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
for defendant: . Kenneth W. Mauldin, District Attorney, Athens, Anthony C. Lee and Thomas W. Hayes Prosecuting Attorney's Council of Ga., Smyrna, for appellee.
Case Number: A01A2243
Defendants' truck was subject to forfeiture under O.C.G.A. § 16-13-49 because it was used to facilitate the possession of marijuana with the intent to distr
Publication Date: 2002-03-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Joyce D. Colmar, Atlanta, for appellant.
for defendant: Barbara B. Bishop, Lawrenceville, and James B. Outman Claiborne, Outman & Surmay PC, Atlanta, for appellee.
Case Number: A01A2333
A biological father had no right to object to a step-father's adoption pet after the trial court denied the biological father's legitimation pet
Publication Date: 2002-03-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Maurice J. Bernard III, Chamblee, for appellant.
for defendant: . Benjamin E. Pelligrini, Nancy C. Collins, Charles B. Zirkle Jr., Devon A. Petree and Dawn E. Carpenter Zirkle & Hoffman, Atlanta, for appellees.
Case Number: A01A1794
A restaurant manager's behavior in threatening to fire plaintiff if she left work to care for her injured son, though reckless and possibly wanton, did not rise to the level of outrageousness neces
Publication Date: 2002-03-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: David J. Koontz Law Office of Dennis C. O'Brien, Marietta, for appellant.
for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson and Sanders B. Deen, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Jeanne D. Woods Huff, Woods & Hamby, and E. Malcolm Corbett Jr., Marietta.
Case Number: A01A2392
The evidence did not support the termination of the father's parental rights where the father tried to contribute to his child's support, had a strong bond with his child and made attempts to find t
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Publication Date: 2002-03-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Alfred L. King Jr., Jonesboro, for appellant.
for defendant: Robert E. Keller, District Attorney, and Rita B. Lewis, Assistant District Attorney, Jonesboro, for appellee.
Case Number: A01A1901
By failing to present any evidence of the date on which the District Attorney received notice of the seizure, the state failed to carry its burden of proving that it complied with the 30-day period
Publication Date: 2002-03-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Charles F. Peebles and Lane R. Frostbaum, Norcross, for appellant.
for defendant: . George L. Welborn Downey, Cleveland, Parker & Williams, Marietta, and Douglas G. Smith Drew, Eckl & Farnham, Atlanta, for appellee.
Case Number: A01A1886
A builder of a structurally defective house could not insulate itself from liability for defects by claiming that any negligent work was performed by independent contra
Publication Date: 2002-03-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Troy R. McClelland III, Roswell, for appellant.
for defendant: Philip C. Smith, District Attorney, and Rand J. Csehy, Assistant District Attorney, Cumming, for appellee.
Case Number: A01A2328
The magistrate had probable cause to issue a search warrant for defendant's home based on a confidential informant's controlled buy of methamphetamine at defendant's home within the previous 24
Publication Date: 2002-03-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: F. Robert Raley, Macon, for appellant.
for defendant: Howard Z. Simms, District Attorney, and Sharell F. Lewis, Assistant District Attorney, Macon, for appellee.
Case Number: A01A2538
The evidence, which consisted of an aggregate total of 90.5 grams of a mixture that was comprised of some unknown quantity of methamphe , did not support the defendant's conviction for methamph
Publication Date: 2002-03-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Kenneth T. Israel, Marietta, for appellant.
for defendant: . Edward H. Lindsey Jr. and Thomas J. Lehman Goodman, McGuffey, Aust & Lindsey LLP, Atlanta, for appellee.
Case Number: A01A2001
A jury question remained as to whether a child in defendant's daycare would ordinarily suffer a twisting leg fracture in the absence of someone else's negli
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