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  • In the Interest of J. C. W. and J. C. W.

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Brian Condon, Jodie Wasson, and Willie Lovett Office of the Child Attorney, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Elizabeth Williamson Attorney General's Office, Alixe Steinmetz Public Defender's Office, Janine Carson, Atlanta, and Robert Hall, Roswell, for appellee. Other party representation: Diana Johnson, Atlanta. Amicus Curiae: Stephen Reba Barton Juvenile Defender Clinic, James Outman, Atlanta, and Aimee Stowe, Decatur.
    Case Number: A12A1341

    The rehearing court based its order, awarding long-term custody of three-year-old twins to their maternal aunt and uncle until their 18th birthday, upon the erroneous legal conclusion that OCGA § 1

  • Landrum v. Infinity Safeguard Ins. Co.

    Publication Date: 2012-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: W. Wright Gammon Jr. Gammon, Anderson & McFall, Cedartown, for appellant.
    for defendant: . Thomas MacDiarmid The Law Offices of Sharon Chester Barnes, Atlanta, for appellee.
    Case Number: A12A1179

    As an insured, the injured passenger was not an innocent member of the motoring community, since she was deemed to know the contents of her policy, which did not extend coverage to her grandson, who

  • EZ Green Assocs. LLC v. Georgia-Pacific Corp.

    Publication Date: 2012-11-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Andrew Stuart and Matthew Hood Stuart & Johnston LLC, Atlanta, for appellant.
    for defendant: Elizabeth Tanis, Joseph Rockers, and Merritt McAlister King & Spalding LLP, Atlanta, for appellees.
    Case Number: A12A0919

    The record showed conflicting evidence regarding whether Georgia-Pacific made commercially reasonable efforts to sell the plaintiff's proprietary system for applying grass

  • Freese II Inc. v. Mitchell

    Publication Date: 2012-11-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: E. Earle Burke, Atlanta, for appellant.
    for defendant: Trent B. Speckhals Speckhals & Cora PC, Atlanta, for appellees.
    Case Number: A12A0966

    The Court affirmed the $1.75M jury award to a mother, as the executor of her da 's estate, in her wrongful death action against a nightclub that over-served alcohol to a patron who killed the d

  • Meadow Springs Recovery LLC v. Wofford; Wofford v. Meadow Springs Recovery LLC

    Publication Date: 2012-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1432; A12A1433

    The plaintiffs' claims against a law firm fell within the purview of the abusive litigation statute, under which the plaintiffs should have brought the claims, thus the exclusivity provisions of OCG

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Talifero v. State

    Publication Date: 2012-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Gina Smalley, Marietta, for appellant.
    for defendant: Patrick Head, District Attorney, John Edwards, Amelia Pray, and Benjamin First District Attorney's Office, Marietta, for appellee.
    Case Number: A12A0807

    The trial court abused its discretion in admitting, as similar transaction evidence, the defendant's prior guilty plea, since an insufficient connection or similarity existed between the independent

  • Georgia Cash Am. Inc. v. Greene

    Publication Date: 2012-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Shauna Phillips and William Whitner Paul Hastings LLP, Atlanta, for appellant.
    for defendant: . Roy Barnes, John Bevis, and James Tribble The Barnes Law Group LLC, Marietta, for appellees.
    Case Number: A12A1015

    The trial court erred in granting the plaintiffs' motion for partial summary judgment on their claims regarding certain payday loans, since a factual issue remained as to whether the defendant sough

  • Stone-Crosby v. Mickens-Cook

    Publication Date: 2012-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Dana Ashford The Ashford Law Firm LLC, Decatur, for appellant.
    for defendant: David Tannen, Atlanta, Tracey Moran, and Teresa Mann, East Point, for appellee.
    Case Number: A12A1258

    The trial court did not err in denying the plaintiff's motion to dismiss for lack of jurisdiction the custody award of her orphaned niece and nephew to their paternal grandmother, as the superior co

  • Lopez-Jiminez v. State

    Publication Date: 2012-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Matthew Crosby, Lawrenceville, for appellant.
    for defendant: Daniel Porter, District Attorney, and Michael Morrison, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A12A1473

    Defense counsel was not deficient for failing to raise a futile motion to suppress methamphetamine and related evidence, which officers seized from the defendant's residence pursuant to a valid sear

  • Thomas v. McMillan

    Publication Date: 2012-10-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Ronald Cundy and Austin Ramsey Rumsey & Ramsey, Atlanta, for appellant.
    for defendant: Charles Beans Shivers & Associates, Alpharetta, for appellee. Other party representation: James Hall, Warner Robins.
    Case Number: A12A1295

    Plaintiff failed to show that homeowner had actual or constructive knowledge of the defect in his home's deck that caused the plaintiff's inj