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  • Allen v. State

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Jody E. Allen, Oglethorpe, proceeded pro se. Dennis C. Sanders, District Attorney, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S03A1256

    Defendant waived his right to appeal as part of his plea agre

  • Rickman v. State

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Clarkesville, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A1134

    A prospective juror's former employment as a police chief did not subject him to automatic excusal for cause so defense counsel was not deficient in failing to move the trial court to strike him fro

  • National Tax Funding LP v. Harpagon Co. LLC

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Geoffrey H. Cederholm, Kerry A. Lunz and Donna J. Nance Miller & Martin LLP, Atlanta, for National Tax Funding LP. Robert J. Proctor, Bradley A. Hutchins Proctor & Chambers, Jo Avery, Assistant City Attorney, Janet S. Todd and Vernitia A. Shannon, Atlanta, for Harpagon Co. LLC and others.
    for defendant:
    Case Number: S03A0617, S03A0802, S03A0803, S03A0823

    Plaintiff held fee simple title to real property purchased at a tax sale when no interested party elected to redeem the property within the statutory redemption period, despite notice under the barm

  • McCombs v. Synthes

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Brian D. Rogers, Michael J. Warshauer and Lyle G. Warshauer Warshauer, Thomas, Thornton & Rogers PC, Atlanta, for appellant.
    for defendant: Lori G. Cohen and Jenifer N. Stephens Alston & Bird LLP, Atlanta, for appellee.
    Case Number: S01G1633

    Plaintiff was entitled to argue the adequacy of the manufacturer's warning to her doctor on appeal because the manufacturer based its successful motion for summary judgment on the learned intermedia

  • Smith v. Guest Pond Club Inc.

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: James D. Hudson, Douglas, and Robert B. Sumner, Pearson, for appellant.
    for defendant: Berrien L. Sutton Sutton & Assocs. PC, Homerville, for appellee.
    Case Number: S03A0517

    O.C.G.A. § 9-11-65 b 2 provides for a hearing on interlocutory relief, followed by a trial on the merits and a trial court may not consolidate a hearing on an application for an interlocutory injunc

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Evans v. State

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Patrick G. Longhi, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Ruth M. Pawlak, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0778

    The trial court did not err in admitting defendant's ent to a cellmate where the evidence showed that the cellmate was acting on his own initiative, not as an agent for the

  • Ingram v. State

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Christina Stahl, and Janice V. Dorris Christina Stahl PC, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Cartersville, Thurbert E. Baker Jr., Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0751

    The prior inconsistent statements of defendant's wife and a witness were admissible as substantive evidence at his

  • Napier v. State

    Publication Date: 2003-08-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: George T. Jackson and Steven L. Sparger Jackson & Schiavone, Savannah, for appellant.
    for defendant: . Spencer Lawton Jr., District Attorney, Benjamin B. Reed, Assistant District Attorney, Savannah, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0007; S03A0009

    Trial courts are cautioned against quoting from O.C.G.A. § 17-2-2 c and h verbatim in charging on

  • Bickford v. Yancey Dev. Co. Inc.

    Publication Date: 2003-07-25
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Richard W. Calhoun and Shilpa S. Masih Brock, Clay, Calhoun, Wilson & Rogers PC, Marietta, for appellant.
    for defendant: . Fred D. Bentley Jr., Colleen D. Hosack, Sam P. Hensley Jr. Bentley, Bentley & Bentley, John K. Moore, John H. Moore Moore, Ingram, Johnson & Steele, Marietta, and Jeffrey H. Schneider Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellee.
    Case Number: S03G0475

    The automatic 20-year renewal provisions of O.C.G.A. § 44-5-60 d 1, as amended in 1993, do not apply retroact

  • Taylor, Bean & Whitaker Mortgage Corp. v. Brown

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Jeffrey W. Cavender, Sarah McCormack McKenna, Long & Aldridge LLP, Atlanta, and Donald C. Suessmith Jr. McCurdy & Candler LLC, Decatur, for appellant.
    for defendant: . Berrien L. Sutton Sutton & Assocs. PC, Homerville, James M. Walters, Gainesville, and Guyton O. Terry, Valdosta, for appellees.
    Case Number: S03A0137

    The trial court erred in canceling a security deed where the plaintiff admitted that she had not paid off the underlying promissory