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  • Thurman v. Applebrook Country Dayschool Inc.

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Renzo Wiggins The Wiggins Law Office, Ringgold, for appellant.
    for defendant: . Joseph C. Parker 9Downey & Cleveland LLP, William T. Casey Jr., Mark W. Wortham Hicks, Casey & Barber PC, Marietta, and Christopher A. Townley, Rossville, for appellee.
    Case Number: S04G0690

    Expert testimony regarding infant sleep positioning is admissible in a negligent childcare supervision case to assist the jury in determining whether the childcare provider breached its duty of

  • Gerisch v. Meadows

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Keith E. Gerisch, Hardwick, proceeded pro se. Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee. Amicus appellant: James C. Bonner Jr., Sarah L. Gerwig Georgia Indigent Defense Council, and Mark A. Rogers Georgia Pub. Defender Standards Council, Atlanta.
    for defendant:
    Case Number: S04A1071

    Defense counsel rendered constitutionally ineffective assistance in failing to raise a double jeopardy defense to a charge of aggravated battery, which arose from the same altercation that resulted

  • Lewis v. Lewis

    Publication Date: 2004-11-05
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Milton Hirsch Hirsch, Partin, Grogan & Grogan PC, Columbus, for appellant.
    for defendant: Cynthia Maisano, Columbus, for appellee.
    Case Number: S04A1563

    The ex-wife did not waive her claim for an arrearage in temporary child support by failing to assert that claim at

  • Reynolds v. Harrison

    Publication Date: 2004-10-29
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Michael C. Pruett Haygood & Pruett, William J. Linkous Jr. and Nicole J. Wade Powell, Goldstein, Frazer & Murphy, Atlanta, for appellant.
    for defendant: . John C. Sawyer, Jay D. Bennett Alston & Bird, Atlanta, John E. Stell Jr. Russell, Stell, Smith McLocklin PC, Winder, and J. C. Highsmith Jr. Stewart, Melvin & Frost LLP, Gainesville, for appellees.
    Case Number: S04A1273

    The affidavit of the attorney who drafted the testator's will could not be used to shed light on the testator's intent where the terms of the will were plain and unambi

  • Tobin v. Cobb County Bd. of Ed.

    Publication Date: 2004-10-29
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Valerie G. Tobin and Thomas W. Tobin Tobin & Hoffspiegel, Atlanta, for appellant.
    for defendant: . Kyle A. Pearson, Carlton L. Kell and Danny G. Brock Brock, Clay, Wilson & Rogers PC, Marietta, for appellees.
    Case Number: S04A1513

    The trial court properly dismissed a petition for mandamus seeking to compel the inspection and copying of certain high school booster club records, since the petitioners had an adequate remedy at

  • Law Journal Press | Digital Book

    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

    View this Book

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  • Chaney v. Upchurch

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jesse L. Young, Stone Mountain, for appellant.
    for defendant: . Bradford C. Dodds Funderburk, Day & Lane, and Thomas M. Jones Meacham, Earley & Jones PC, Columbus, for appellee.
    Case Number: S04A1246

    The trial court properly ruled that agriculturally-zoned land should be equitably partitioned after finding that it would be impossible to divide the property by metes and bounds in a manner which w

  • Patel v. State

    Publication Date: 2004-10-08
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Laurence H. Margolis Smith, White, Sharma & Halpern, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0829

    The defendant shot and killed the victim through a plywood covering. which was nailed to the outside of a building used to store inventory for the defendant's convenience store after he heard two in

  • Thompson v. State

    Publication Date: 2004-10-08
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: L. Clark Landrum, Sylvester, for appellant.
    for defendant: Paul Bowden, District Attorney, Bradford L. Rigby, Assistant District Attorney, Tifton, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S04A0699

    O.C.G.A. § 42-1-13, which prohibits convicted sex offenders from living within 1,000 feet of area where minors congregate, is not unconstitutional as applied to a convicted sex offender who was lega

  • Albany Surgical PC v. Georgia Dep't of Community Health

    Publication Date: 2004-09-24
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Victor L. Moldovan and Brian E. Daughdrill Phears & Moldovan, Norcross, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Sidney R. Barrett Jr., Assistant Attorney General, Thomas D. Watry, John H. Parker Jr., Leo E. Reichert Parker, Hudson, Rainer & Dobbs, Atlanta, and James E. Reynolds Jr. Perry & Walters LLP, Albany, for appellees.
    Case Number: S04A1359

    O.C.G.A. § 31-6-21.1 does not violate the separation of doctrine simply by enabling the Department of Community Health to promulgate and adopt regulations pursuant to legislative

  • Benefield v. State

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Barry V. Smith, Bret E. Rudeseal, Rome, James C. Bonner Jr. and Sarah L. Gerwig Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Bryant G. Speed II, District Attorney, and Charles S. Cox, Assistant District Attorney, Rome, for appellee.
    Case Number: S04G0664

    The trial court should have returned the jury to the jury room for further deliberation in an effort to arrive at a unanimous verdict after the twelfth juror gave a negative response to a jury poll