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  • Carver v. State

    Publication Date: 2013-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Daniel Summer Summer & Summer, Gainesville, for appellant.
    for defendant: Stephanie Woodard, Solicitor General, and Amber Sowers, Chief Assistant Solicitor General, Gainesville, for appellee.
    Case Number: A13A1190

    In an issue of first impression, the Court of Appeals considered whether the trial court erred in denying the defendant's motion in limine seeking to prohibit the victim from wearing his military un

  • Target Nat'l Bank v. Luffman

    Publication Date: 2013-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Craig Goodman and Ruthanne Goodman Craig R. Goodman Law Offices, Atlanta, for appellant.
    for defendant: Brian Luffman and Jessica Luffman, Ft. Oglethorpe, proceeded pro se.
    Case Number: A13A1523

    The superior court improperly applied res judicata to the voluntary dismissals of the ma te court actions, since there was no evidence in the record to determine the procedural posture of the m

  • In the Interest of R. S. T.

    Publication Date: 2013-09-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Yolanda Parker-Smith, Atlanta, and Mark Jeffrey, Marietta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, and William Collins, Atlanta, for appellee. Other party representation: Coy Johnson Office of the Fulton Child Attorney, Atlanta.
    Case Number: A13A1587

    A past deprivation finding as to the mother's other children did not support a finding of deprivation in the present

  • Safeway Ins. Co. v. Hanks

    Publication Date: 2013-08-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Jason Darneille and Anne Gower Crim & Bassler LLP, Atlanta, for appellant.
    for defendant: Angel Figueredo Figueredo Law Offices LLC, Roswell, for appellee.
    Case Number: A13A1215

    The trial court did not abuse its discretion in allowing the plaintiff's radiology expert to testify about the plaintiff's back injury without requiring proof that the car accident at issue caused t

  • Sermons v. Agasarkisian

    Publication Date: 2013-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Gregory Smith, Atlanta, for appellant.
    for defendant: . Barry Katz, Atlanta, for appellees. Other party representation: Robert McCloud and John Green, Atlanta.
    Case Number: A13A0750

    The trial court erred in adopting a special master's conclusion that an express easement in an alley had been abandoned by non-use, as there was no evidence presented to show any express intent by t

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Cook v. Forrester

    Publication Date: 2013-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0601; A13A0602

    The defendant doctors were entitled to official immunity in the plaintiff's medical malpractice action because they were full-time faculty members at the Medical College of Georgia and were perform

  • Lee v. Choi

    Publication Date: 2013-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0312; A13A0313

    The trial court erred in denying the defendants' motion for a directed verdict on a breach of contract claim because the agreement's provision for the immediate payment to the plaintiff of $450K for

  • Lee v. CNH Am. LLC

    Publication Date: 2013-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Benjamin Baker Beasley, Allen, Crow, Methvin, Portis & Miles PC, Montgomery, Ala., for appellant.
    for defendant: Brannon Arnold and Johnathan Krawcheck Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.
    Case Number: A13A0696

    The trial court did not err in giving the pattern jury charge on assumption of the risk in a product liability action arising from the death of the plaintiff's husband while using a new tractor the

  • Bradley v. State

    Publication Date: 2013-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: John Edwards, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Jessica Clark, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A13A0220

    The jury could find a reasonable apprehension of immediate physical injury, given the evidence regarding the defendant's demeanor, statements and conduct in threatening a disabled man while standin

  • Garcia-Carillio v. State

    Publication Date: 2013-07-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Wayne Burnaine, Lawrenceville, for appellant.
    for defendant: Daniel Porter, District Attorney, and Michael Morrison, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A13A0126

    The trial court properly allowed into evidence a co-conspirator's telephone conversations recorded the day after the defendant's arrest, since the evidence showed that the conspiracy was ongoing, an