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  • Copeland v. Wells Fargo Bank NA

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1032

    Res judicata barred the pla 's suit seeking the proceeds of a certificate of deposit which the bank paid into the court registry in 2003 in response to a garnishment proceeding, in which the pl

  • Brown v. Seaboard Constr. Co.

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Walter Adams, Brunswick, for appellant.
    for defendant: . Richard Brown Brown, Readdick, Bumgartner, Carter, Strickland, Brunswick, for appellee.
    Case Number: A12A0871

    The trial court erred in granting summary judgment to defendant road paving company based upon an affidavit submitted by the company's president, because the affidavit was insufficient to support th

  • State v. Curry

    Publication Date: 2012-09-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A0944; A12A1101

    The trial court erred in applying the Barker-Doggett test on t endant's Motion to Dismiss for delay in prosecution and improperly applied a 2-part test, rather than the Barker-Doggett test, on

  • Floyd v. State

    Publication Date: 2012-09-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Robert James, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, and Deborah Venuto, Assistant District Attorney, Decatur, for appellee.
    Case Number: A12A1233

    The trial court improperly refused to give the defendant credit for time served after it revoked her prob

  • Summit Inv. Management Acquisitions I LLC v. Greg A. Becker Enters. Ltd.

    Publication Date: 2012-09-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Debbie Wilson and Robert Snyder Schreeder Wheeler & Flint, Atlanta, for appellant.
    for defendant: Aaron Kappler Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellees.
    Case Number: A12A0900

    The trial court erred in finding that a supersedeas arose under O.C.G.A. § 5-6-46, which required the dismissal of the appellant's confirmation request following a foreclosure sale, because § 5-6-46

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    Allegheny County and Westmoreland County Court Rules 2024

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  • Ingram v. State

    Publication Date: 2012-09-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Wendell Adams Public Defender's Office, Dublin, for appellant.
    for defendant: Fredric Bright, District Attorney, Milledgeville, and Allison Mauldin, Assistant District Attorney, Greensboro, for appellee.
    Case Number: A12A0843

    The trial court did not err in failing to charge the jury on the lesser included offense of misdemeanor obstruction, absent a written re

  • Timberridge Presbyterian Church Inc. v. Presbytery of Greater Atlanta Inc.

    Publication Date: 2012-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Michael Kendall and Maureen Murphy Talley, French, & Kendall PC, Douglasville, for appellant.
    for defendant: Robert Wilson and Debra Golymbieski Wilson, Morton, & Downs LLC, Decatur, for appellee. Other party representation: Linda Klein Baker Donelson Bearman Caldwell & Berkowitz PC, Atlanta, and Forrest Norman Gallagher Sharp Cleveland, Ohio.
    Case Number: A10A1611; A10A1612

    Applying neutral principals of law, a local church assented to the relinquishment of its property rights when it affiliated with the Presbyterian Church USA in 1983, and an implied trust in favor o

  • Bush v. State

    Publication Date: 2012-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Ernie Sheffield, Public Defender, and Randall Richardson Public Defender's Office, Bainbridge, for appellant.
    for defendant: Joseph Mulholland, District Attorney, and Heather Lanier District Attorney's Office, Bainbridge, for appellee.
    Case Number: A12A0918

    The trial judge's question to an alleged accomplice during her testimony did not convey an opinion as to the witness's credib

  • Lowe v. State

    Publication Date: 2012-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Harold Wallace, Public Defender, Thomson, for appellant.
    for defendant: Dennis Sanders, District Attorney, Kevin Majeska and Durwood Davis, Assistant District Attorneys, Thomson, for appellee.
    Case Number: A12A0988

    Any error in admitting the defendant's prior convictions was harmless due to the overwhelming DNA evidence that the defendant fathered his 14-year old niece's

  • Heard v. State

    Publication Date: 2012-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Gilbert Murrah, Bainbridge, for appellant.
    for defendant: Joseph Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A12A1534

    The state failed to prove asportation in a case for criminal attempt to entice a child for indecent pur