Filter This View

  • Mitchum v. Manning

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard Phillips, Ludowici, for appellant.
    for defendant: Curtis Van Cheney Jr. Cheney & Cheney PC, Reidsville, for appellee.
    Case Number: A10A0151

    The trial court did not err in overriding the appellant's opinion, as her mentally and physically incapacitated adult daughter's legal guardian, that it would be against her daughter's best interest

  • Peck v. Lanier Golf Club

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Robert P. McFarland Sr. McFarland & McFarland PC, Cumming, for appellant.
    for defendant: Andrea C. Jones Dillard & Galloway LLC, Atlanta, and Marion T. Pope Jr. Hasty Pope LLC, Canton, for appellee.
    Case Number: A10A0745

    The trial court did not abuse its discretion in denying class certification, because the plaintiff could not establish commonality; however, the trial court erred in dismissing the complaint, since

  • State v. Marshall

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Paul L. Howard, District Attorney, and Charles P. Boring, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Morris P. Fair Jr., Atlanta, for appellee.
    Case Number: A10A0686

    The defendant's indictment was sufficient to survive his special demurrer, because the indictment set forth the elements of the crime, informed him of the charges against him and was specific enough

  • Van Auken v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Rafe Banks III Banks & Stubbs LLP, Cumming, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, and Lynne S. Amos, Assistant Solicitor General, Cumming, for appellee.
    Case Number: A10A0462

    A trial court's prior finding in a suppression order is not binding and conclusive on the issue of a defendant's criminal liab

  • Turner v. Masters

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Cynthia Turner, Hampton, proceeded pro se. Jerald R. Hanks Hanks Brookes LLC, Atlanta, for appellee.
    for defendant:
    Case Number: A10A0557

    The remedies available to one whose rights are violated under the Americans with Disabilities Act do not include the granting of a new trial or the setting aside of a jury ve

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

    View this Book

    View more book results for the query "*"

  • Fyfe v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Rafe Banks III Banks & Stubbs LLP, Cumming, for Fyfe. Mary Erickson, Decatur, for King. Penny A. Penn, District Attorney, and James A. Dunn, Assistant District Attorney, Cumming, for appellee.
    for defendant:
    Case Number: A10A0487, A10A0488

    The evidence supported a finding of joint constructive possession of the contr

  • Jacob-Hopkins v. Jacob

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Roger F. Krause Krause, Golomb & Witcher LLC, Atlanta, for appellant.
    for defendant: Christopher C. McClurg, Lawrenceville, for appellee.
    Case Number: A10A0372

    The contempt order barring all claims between the parties involving a jointly-owned Mexican rental property was overly broad to the extent that it foreclosed the appellant from filing an action for

  • Boggs v. State

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jennifer R. Burns, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Melanie Higgins, Assistant District Attorney, Savannah, for appellee.
    Case Number: A10A0269

    Officers saw the defendant and his accomplice flee from a man left in a crumbled heap on a sidewalk in downtown Savannah and saw the defendant drop the man's stolen backpack during pu

  • Davis v. State

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Gary W. Jones, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A10A0633

    The trial court properly allowed the defendant to represent himself at trial, after ensuring that he knowingly, voluntarily and intelligently waived his right to co

  • Sirdah v. North Springs Assocs. LLLP

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Donald C. Suessmith Jr. McCurdy & Candler, Decatur, Salmeh K. Fodor, Alicia C. King and Bijan Kasraie Marchman Kasraie LLC, Atlanta, for appellant.
    for defendant: J. Bertram Levy Fina & Block Attorneys, Atlanta, Isidor J. Kim Kim & Yang LLC, Duluth, for appellee.
    Case Number: A10A0329

    The general rule is that the duty to mitigate damages set forth in O.C.G.A. § 13-6-5 does not apply to lease cont