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  • Dudney v. State of Georgia Dep't of Defense

    Publication Date: 2013-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Steven Shewmaker and Drew Early Shewmaker & Shewmaker LLC, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Bryan Webb, and Annette Cowart, Senior Assistant Attorneys General, Atlanta, for appellees.
    Case Number: A13A0197

    The intra-military affairs doctrine barred the plaintiff's action, since it was undisputed that the injuries alleged in his complaint arose out of activities incident to military se

  • Patterson v. Hragyil

    Publication Date: 2013-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Suzanne Prescott Bivek Brubaker & Prescott LLC, Marietta, for appellant.
    for defendant: Craig Hragyil, Atlanta, proceeded pro se.
    Case Number: A13A0458

    The plaintiff's conduct in continuing settlement negotiations with the defendant at the defendant's request did not unnecessarily expand the proceedings so as to authorize an award of attorneys' fee

  • White v. State

    Publication Date: 2013-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: James Finkelstein, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, Albany, for appellee.
    Case Number: A13A1422

    Any variance between the indictment and the State's case was immaterial, did not affect the defendant's ability to defend himself and did not subject the defendant to another prosecution for the sam

  • Harris v. State

    Publication Date: 2013-06-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: David Marshall, Marietta, for appellant.
    for defendant: Layla Zon, District Attorney, and Melanie Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A13A0808; A13A0809

    The trial court did not violate the defendant's right to a fair trial in prohibiting defense counsel from cross-examining an investigator regarding the birth dates of the individuals in a photograph

  • Mays v. Target Corp.

    Publication Date: 2013-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Jeffrey Reeder and Kathryn Reeder Reeder Law Firm, Alpharetta, for appellant.
    for defendant: Stephen Dermer and Seth Diamond Magill Atkinson Dermer LLP, Atlanta, for appellee.
    Case Number: A13A0331

    The tolling provision of O.C.G.A. § 9-3-99 tolls the statute of limitation period only for a tort cause of action against the person accused of the crime in the prior comp

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Kennedy Dev. Co. Inc. v. Newton's Crest Homeowners' Assoc.

    Publication Date: 2013-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Lisa Whitfield Hicks, Casey & Foster PC, Marietta, for appellant.
    for defendant: Joshua Ruplin Downey & Cleveland LLP, Marietta, for appellee. Other party representation: Curtis Romig Bryan Cave LLP, David Root, Cheryl Shaw Carlock Copeland Semler & Stair LLP, Atlanta, Larry Stewart, Lawrenceville, Gregg Counts, Snellville, Starcraft Communities LLC, Norcross, and Dewayne Newton Tycor Inc., Buford.
    Case Number: A13A0296

    Res judicata barred the plaintiff's claim as its new theory of recovery was ascertainable in its original complaint and was ruled on in the previous grant of summary judgment to the defe

  • Heard v. State

    Publication Date: 2013-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Teresa Smith Public Defender's Office, Covington, for appellant.
    for defendant: Layla Zon, District Attorney, Covington, and Kimberly Minicozzi, Loganville, for appellee.
    Case Number: A13A0292

    The victim's mother's testimony about the victim's veracity merely showed that she believed her child and did not impermissibly bolster the victim's testimony regarding the child molestation claims

  • Daniels v. State

    Publication Date: 2013-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Timothy Eidson, Public Defender, and Rashawn Clark Public Defender's Office, Cordele, for appellant.
    for defendant: Denise Fachini, District Attorney, Cordele, for appellee.
    Case Number: A13A0241

    Officers conducted a permissible first-tier police-citizen encounter when they approached the defendant in a hotel parking lot 75 yards short of a roadblock, since the defendant had already stopped

  • Zurich Am. Ins. Co. v. Heard

    Publication Date: 2013-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Brian Moore and Chad Jacobs Drew Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: . Gregory Wheeler, Ryan Wilhelm Carlock, Copeland, Semler & Stair LLP, and David Bills, Atlanta, for appellees.
    Case Number: A12A2544

    Because the trier of fact did not apportion the damages, joint liability and the right of contribution still existed under O.C.G.A. § 51-12-33 and the grant of summary judgment was not p

  • State v. Nicholson

    Publication Date: 2013-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Leigh Patterson, District Attorney, and Emily Johnson District Attorney's Office, Rome, for appellant.
    for defendant: September Guy, Atlanta, for appellees.
    Case Number: A12A2494; A12A2495

    Defense counsel waived any alleged errors in the written instructions and verdict form, and the alleged errors did not amount to plain error, thus the defendants were not entitled to a new