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  • Hall v. Bruno's Inc.

    Publication Date: 2002-03-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: J. O'Quinn Lindsey O'Quinn Lindsey & Assocs., Macon, for appellant.
    for defendant: Lisa M. Edwards Martin, Snow, Grant & Napier, Macon, for appellee.
    Case Number: A01A2216

    A jury question remained as to whether a reasonable inspe procedure was in place and followed at defendant's grocery store on the day that plaintiff slipped and fell on grapes in the produce se

  • In the Interest of J. P. and R. M.

    Publication Date: 2002-03-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Michael R. McCarthy, Dalton, 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, Assistant Attorney General, Atlanta, and Richard K. Murray, Dalton, for appellee. Other party representation: James M. Barnes, Bruce A. Kling and G. Gargandi Vaughn, Dalton.
    Case Number: A01A1639; A01A1640

    Evidence that the mother and father spanked their children on videotape supported a finding that the children were dep

  • Norred v. State

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Peter T. Alford and Ajalon E. Daniel III Daniel, Hadden & Alford, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Lynda S. Caldwell, Assistant District Attorney, LaGrange, for appellee.
    Case Number: A01A2311

    Defendant's Miranda rights were not implicated when he voluntarily responded to the arresting officer's request for a blood or urine test under the implied consent

  • Mangold v. State

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Clyde M. Urquhart, Woodbine, Bruce S. Harvey, David S. West and David W. Martin Law Offices of Bruce S. Harvey, Atlanta, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, and George C. Turner Jr., Assistant District Attorney, Woodbine, for appellee.
    Case Number: A01A1799

    The defendant was not entitled to a charge on accident as a defense where the undisputed evidence showed that he intentionally pointed a gun at the victim's

  • Pitts v. State

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Teddy L. Henley, Rockmart, for appellant.
    for defendant: James R. Osborne, District Attorney, and Laura L. Herrin, Assistant District Attorney, Dallas, for appellee.
    Case Number: A01A1824

    The jury was entitled to believe that the defendant's actions in eluding an officer at a high rate of speed with a baby in his truck played a substantial part in bringing about the child's

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    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Veal v. State

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: James S. Garner, Rome, for appellant.
    for defendant: Tambra P. Colston, District Attorney, Fred R. Simpson, Acting District Attorney, and John F. McClellan, Assistant District Attorney, Rome, for appellee.
    Case Number: A01A2032

    The trial court properly admitted the defendant's breath test results based on the state certificates of inspection which certified that the machine was in proper working order before and after the

  • Barrett v. State

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Albert C. Palmour Jr., Summerville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, and Michael J. Moeller, Assistant District Attorney, Summerville, for appellee.
    Case Number: A01A1677

    Evidence that defendant's ex-wife refused his frequent requests to engage in anal intercourse during the period of time that he was molesting his minor stepson was admissible to show defendant's sta

  • Licker v. Harkleroad

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Jeffrey H. Schneider Weissman, Nowack, Curry & Zaleon PC, Atlanta, for appellant.
    for defendant: . David H. Flint, Lynn C. Stewart Schreeder, Wheeler & Flint, Atlanta, and Gerald Davidson Jr. Anderson, Davidson & Tate, Lawrenceville, for appellees.
    Case Number: A01A1221

    Amendments to a subdivision's restrictive covenants which allowed for the commercial use of less than all of the lots were invalid without the consent of the adversely affected property owners beca

  • Chambers v. Gwinnett Community Hosp. Inc.

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Joseph H. King Jr., Atlanta, for appellant.
    for defendant: . Earl W. Gunn, Ashley P. Nichols, Christopher H. Smith Weinberg, Wheeler, Hudgins, Gunn & Dial, Amy J. Kolczak and Rolfe M. Martin Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellees. Other party representation: Robert P. Monyak, Ashley R. House Love & Willingham LLP, Atlanta, and Mark L. Stuckey Law Office of Charles L. Ruffin, Macon.
    Case Number: A01A1202

    The trial court properly excluded evidence that two defense experts were also members of the defending doctor's medical malpractice insurer since plaintiffs failed to show that the experts' financia

  • Enloe v. State

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William R. Thompson Jr., Calhoun, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Rebecca B. Paris, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A01A1106

    The trial court did not err in denying the defendant's written request to charge on the lesser included offense of sexual battery where the state showed that defendant had the specific intent to com