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  • Nodvin v. Arogeti, Ex'r

    Publication Date: 2004-02-27
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Louis Levenson Levenson & Assocs., and Ted Marcus, Atlanta, for appellant.
    for defendant: . Stephen V. Kern and Mark A. Kelley Kitchens, Kelley, Gaynes PC, Atlanta, for appellee.
    Case Number: S03A1659

    No issue remained regarding whether the testator suffered from monomania at the time he made his will since some evidence supported his conclusions regarding the allegedly hostile motives of the cave

  • Miller v. State

    Publication Date: 2003-12-05
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Tyrone W. Miller, Oglethorpe, proceeded pro se. William S. askew, District Attorney, Swainsboro, for appellee.
    for defendant:
    Case Number: S03A1394

    Defendant's purported motion to void his convi constituted an improper second appeal of his murder convi

  • Ferguson v. State

    Publication Date: 2003-12-05
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Lynda S. Caldwell, LaGrange, for appellee.
    Case Number: S03A1527

    The trial court erred in denying the defendant's motion to suppress evidence obtained pursuant to the unconstitutional provision in O.C.G.A. § 40-5-55, which requires chemical testing, even in the

  • Pope v. Pope

    Publication Date: 2003-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Philip T. Raymond III and Susan D. Raymond Shafer, Raymond & Dalton, Macon, for appellant.
    for defendant: Brenda H. Trammell, Madison, for appellee.
    Case Number: S03F1423

    The trial court had discretion to set aside a judgment within the same term of court in which it was entered based on the husband's lack of notice of the trial

  • Termnet Merchant Servs. Inc. v. Phillips

    Publication Date: 2003-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Gary S. Freed, William J. Piercy and Benjamin I. Fink Freed & Berman PC, Atlanta, for appellant.
    for defendant: Gregory R. Crochet Kutak Rock LLP, W. Pitts Carr Carr, Tabb, Pope & Freeman LLP, Atlanta, William Ginsburg, Omaha, Neb., Michael A. Brewer, Los Angeles, Calif., and Andrew M. Phillips, Newport Beach, Calif., for appellee.
    Case Number: S03G1157

    The trial court lacked discretion to deny an award of attorneys' fees under O.C.G.A. § 13-1-11 where the plaintiff clearly satisfied all of the statutory condi

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Hulsey v. Carter

    Publication Date: 2003-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Jack J. Helms Jr. Helms & Helms PC, Homerville, and James D. Hudson, Douglas, for appellant.
    for defendant: J. Alexander Johnson and Sophia L. Cason, Baxley, for appellees.
    Case Number: S03A1310

    The plaintiff could not establish a claim of virtual adoption since no agreement was reached between the decedent and his wife to adop

  • Pirkle v. Turner

    Publication Date: 2003-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Roland Cox and Joseph E. Stauffer Cox & Stauffer LLC, Cumming, for appellant.
    for defendant: . Frank Armstrong III Stewart, Melvin & Frost LLP, Gainesville, for appellee.
    Case Number: S03A0961

    Two deeds in the plaintiffs' chain of title contained insufficient descriptions since they are indefinite as to certain courses and contained no key that might remove the indefinit

  • Staffon v. Staffon

    Publication Date: 2003-10-17
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Paul S. Weiner, Jonesboro, for appellant.
    for defendant: Monroe Ferguson Ferguson, Ferguson & Morris PC, Jonesboro, for appellee.
    Case Number: S03F0932

    The father's loss of income due to imprisonment for voluntary criminal acts did not constitute grounds for a downward modification of his child support obliga

  • Sellers v. State

    Publication Date: 2003-10-17
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Maria Murcier-Ashley, Marietta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy District Attorney, Rosemary Brewer, Assistant District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A1201

    Defense counsel's decision not to enlarge a photograph showing only a slight injury to defendant's head was a matter of trial strategy where defendant claimed that he shot the victim in self-defens

  • Snowden v. Alexander-Snowden

    Publication Date: 2003-10-06
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: William T. Jones, Stone Mountain, for appellant.
    for defendant: James M. Kimbrough III, Fayetteville, for appellee.
    Case Number: S03A0689

    An increase in the equity in a marital home due to payments on a mortgage with marital funds is subject to equitable distri