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  • Sussman v. Sussman

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Arthur A. Ebbs Freeman, Mathis & Gary LLP, Atlanta, for appellant.
    for defendant: Kristopher Shepherd, Watkinsville, for appellee.
    Case Number: A09A2289

    OCGA § 19-11-163 b provides that, ' "in a proceeding for arrearages, the statute of limitation under the laws of Georgia or of the issuing state, whichever is longer, appli

  • Clements v. Weaver

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Anthony B. Erwin, Calhoun, for appellant.
    for defendant: Lance T. McCoy The McCoy Law Firm, and Thomas N. Brunt Brunt & Hood, LLC, Cartersville, for appellee.
    Case Number: A09A1033

    Any error in allowing in parol evidence that contradicted the terms of a quitclaim deed was harmless, because other evidence was presented that showed reaffirmation of an oral contract to make a wil

  • Smith v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Elizabeth A. Baker, Assistant District Attorney, for appellee.
    Case Number: A09A1144

    Trial counsel was not deficient for failing to request a continuance to secure missing witnesses, who would have given cumulative test

  • Lesser v. Doughtie

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Donald W. Johnson The Johnson Law Firm, Fayetteville, for appellant.
    for defendant: Stephen P. Fuller Davidson, Fuller & Sloan LLP, Johns Creek, Peter A. Durham Glover & Davis, Newnan, James R. Fortune Jr. Beck, Owen & Murray, Griffin, David F. Root and Julia A. Merritt Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellee.
    Case Number: A09A1167

    The applicable statutes of limitation did not bar the plaintiff's claim for specific performance, because any statute of limitation did not begin to run until point in time when the plaintiff could

  • Payne v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Peter K. Odom The Odom Firm, Atlanta, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    Case Number: A09A1182

    Evidence that the defendant dragged the victim from the front to the rear of an abandoned house after beating her, forced her to get into her car and then drove her a short distance before she esca

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    Chester County Court Rules 2023

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  • Hollis & Spann, Inc. v. Hopkins

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Vanice H. Sikes Jr., Alpharetta, for appellant.
    for defendant: Richard H. Middleton JR., Savannah, for appellee. Other party representation: Ryburn C. Ratterree and Kimberly C. Harris Ellis, Painter, Ratterree & Adams, Savannah.
    Case Number: A09A1224

    Fact questions existed as to whether an independent contractor who constructed a handicap access ramp negligently performed the ramp constru

  • Pearce v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Macklyn A. Smith, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, for appellee.
    Case Number: A09A1055

    The trial court did not abuse its discretion in refusing to strike a juror for cause based on the fact that the juror had been a victim of child abuse, since the juror stated that he could set aside

  • Nail v. State of Georgia

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard Phillips, Ludowici, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Claude M. Sitton, Assistant Attorney General, Atlanta, for appellees. Other party representation: John G. Rigney Troutman Sanders LLP, Atlanta.
    Case Number: A09A1114

    The plaintiff's failure to warn claim alleged professional negligence and she failed to file the required affi

  • Brock Built v. Blake

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Joshua D. Jewkes Ashe, Rafuse & Hill LLP, Atlanta, for appellant.
    for defendant: Benjamin A. Stone and Thomas J. Munger Munger & Stone LLP, Atlanta, for appellee.
    Case Number: A09A1537

    The defendant was entitled to summary judgment on the plaintiff's claim for breach of a duty of good faith and fair dealing, because the defendant did not owe any independent duties to the plaintiff

  • Gifford v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Harold D. McLendon, Dublin, for appellant.
    for defendant: Richard E. Currie, District Attorney, Waycross, and John A. Rumker, Assistant District Attorney, Douglas, for appellee.
    Case Number: A09A2367

    The state violated the defendant's statutory speedy trial