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  • State v. Meadows

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Gerald N. Blaney Jr., Solicitor-General, and Gary S. Vey, Assistant Solicitor-General, Lawrenceville, for appellant.
    for defendant: Gregory W. Lancaster Peevy & Lancaster, Lawrenceville, for appellee.
    Case Number: A01A0654

    The state's use of the word unlawfully in both counts of defendant's accusation for simple battery was not

  • Auto-Owners Ins. Co. v. Anderson

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: John T. Croley Jr., Fitzgerald, for appellant.
    for defendant: Walter G. Elliott II Elliott & Blackburn, Valdosta, for appellee.
    Case Number: A01A0933

    The trial court erred in applying the 4-year and 6-year limitation periods for breach of contract c under O.C.G.A. § 9-3-24, 25, rather than the 20-year limit which applies to indemnity c

  • Wilson v. Carver

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Gary C. Harris, Clayton, for appellant.
    for defendant: Ellisa Garrett, Athens, and Galen A. Mirate, Valdosta, for appellee.
    Case Number: A01A1181

    The Court of Appeals dismissed appellant's discretionary appeal because he failed to pay the filing fees or file a pauper's affidavit within 30 days of entry of the order he was appe

  • In the Interest of A. A. & C. O. A.

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Gregory A. Voyles, and Vernita L. Lee, Valdosta, 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 District Attorney, Atlanta, and Charles R. Reddick, Homerville, for appellee. Other party representation: William S. Steinberg Coleman, Talley, Newbern, Kurrie, Preston & Holland, Valdosta.
    Case Number: A01A1422; A01A1423

    The trial court erred in allowing a newly appointed caseworker to read a summary which she prepared from the prior caseworker's

  • In the Interest of S. E. L.

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Joseph T. Justice Clark & Justice and 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, Assistant Attorney General, Atlanta, and Sanders B. Deen, Assistant Attorney General, Marietta, for appellee. Other party representation: Louis M. Turchiarelli, Marietta.
    Case Number: A01A0867

    Evidence supported the termination of the father's parental rights where he failed to support his child in foster care, failed to pay for the child's medical needs, did not search for employment dur

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  • Colkitt v. State

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Howard J. Weintraub, Atlanta, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Jack S. Jennings, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A01A1099

    Evidence that the victims saw the shape of a gun beneath a bag where defendant was concealing his hand supported defendant's conviction for armed ro

  • Fincher v. Fleet Mortgage Group

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Marilyn S. Bright, Atlanta, for appellant.
    for defendant: Hugh C. Wood, Dwight A. Meredith Wood & Meredith, and L. Jack Swertfeger Jr. Shapiro & Swertfeger, Atlanta, for appellees.
    Case Number: A01A1296

    An appeal of the denial of an application for interlocutory injunction was moot for failure to obtain a supers

  • Steward v. State

    Publication Date: 2001-10-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Sean M. Maher, Public Defender, and Tamara Wayland, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Deputy District Attorney, Atlanta, for appellee.
    Case Number: A01A1118

    Although the prosecutor inadequately instructed the state's witnesses about what they could and could not say, there was no evidence that the prosecutor intended its witness to violated the ultimat

  • Leimbach v. State

    Publication Date: 2001-09-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Justin J. Wyatt, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Rose L. Wing and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A01A1502

    Defendant was not entitled to discharge and acquittal because he failed to prove that he properly served the state with his speedy trial demand as required by O.C.G.A. § 17-

  • Medley v. The Home Depot Inc.

    Publication Date: 2001-09-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Kenneth M. Sissel, Lilburn, for appellant.
    for defendant: Carroll G. Jester Jr. and Theo M. Sereebutra Mozley, Finlayson & Loggins LLP, Atlanta, for appellee.
    Case Number: A01A1501

    Jury questions remained as to whether defendant could have foreseen that teenagers would intentionally spill oil on its floor, creating a h