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  • Cromer v. Mulkey Enters. Inc.

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Robert M. Finlayson II, R. Ann Grier and Jennifer E. Theobold Mozley, Finlayson & Loggins LLP, Atlanta, for appellant.
    for defendant: Timothy J. Buckley III Finley & Buckley, Atlanta, for appellees.
    Case Number: A01A2305

    Evidence that plaintiff was involved in subsequent accidents supported the jury's finding that her accident involving the defendants was not the proximate cause of all of her claimed inj

  • Bowling v. Foster

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Neal H. Howard, William D. James, Debra S. Robinson Neal H. Howard & Assocs. PC, and Joann Brown-Williams, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Mary K. Greene and Michael A. Strickland Carlock, Copeland, Semler & Stair, Atlanta, for appellees.
    Case Number: A01A2094

    Plaintiff's written consent to surgery negated her battery

  • Cosby v. State

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: T. Michael Flinn and Dennis T. Blackmon, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Tara M Wilson, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A01A2093

    The trial court erred in admitting the unredacted statements of the nontestifying co-defen

  • Unified Gov't of Athens-Clarke County, Ga. v. Watson

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William C. Berryman Jr. McLeod, Benton, Lowery & Meeks, Athens, and Charles N. Pursley Jr. Pursley, Howell, Lowery & Meeks, Atlanta, for appellant.
    for defendant: J. Edward Allen Jr. and Richard L. Ford Jr. Fortson, Bentley & Griffin PA, Athens, for appellee.
    Case Number: A01A2441

    Evidence showing condemned property's close proximity to the University of Georgia and the city of Athens as well as the deteriorated nature of the immediately surrounding neighborhood allowed the

  • Amaechi v. State

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Glynn R. Stepp Stepp & Randazzo LLC, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Gregory D. McKeithen, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A01A2488; A01A2489

    Defendant put his car in gear and accelerated while holding onto the victim's nec

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Gillison v. State

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Steven L. Sparger Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ann M. Elmore, Assistant District Attorney, Savannah, for appellee.
    Case Number: A01A1654

    Defendant threatened to break an officer's leg and kicked at the officer while being escorted to a police car in hand

  • Georgia Dep't of Pub. Safety v. Robinette

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Christopher S. Brasher, Senior Assistant Attorney General, and James J. Phillips, Assistant Attorney General, Atlanta, for appellant.
    for defendant: . Monte K. Davis, Atlanta, for appellee.
    Case Number: A01A2030

    O.C.G.A. § 40-5-67.1 g 2 F requires a showing that chemical testing was properly administered to support the administrative suspension of a driver's license for suspecte

  • Mimms v. State

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: George A. Stein Law Offices of George A. Stein, and Monte K. Davis, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Katherine Diamandis, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A01A1988

    Defendant's counsel waived a hearing on defendant's motion for new trial by failing to appear at the scheduled hearing which had been reschedule eight times over a 1-year period, partly due to defen

  • GSW Inc. v. The Dep't of Natural Resources

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Linwood R. Lovett, Paul R. Ayerbe and Bridgette M. Cooper Lovett, Cowart & Ayerbe LLC, Macon, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, and Devon A. Orland, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A01A1759

    O.C.G.A. § 50-13-19 h 1 allows a superior court to consider a claim raised in an administrative hearing that a statute is unconstitutional both on its face and as applied provided that the claim is

  • Muse as Guardian of G. L. Treadway v. Treadway

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Howard W. Jones Jones & Ledbetter PC, Calhoun, for appellant.
    for defendant: William P. Bailey and George P. Govignon Bailey & Govignon, Calhoun, for appellees.
    Case Number: A01A2056

    The guardian of an incapacitated person lacked standing to file suit to set aside deeds for real property executed by her