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Publication Date: 2012-03-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Craig T. Pearson, Hinesville, for appellant.
for defendant: Sandra Dutton, Assistant District Attorney, Hinesville, for appellee. Amicus Appellee: Samuel S. Olens, Attorney General, Julie A. Jacobs, William W. Banks Jr., Assistant Attorneys General, R. O. Lerer Attorney General's Office, Atlanta.
Case Number: S11G0335
The defendant engaged in "underhanded dealings in an attempt to influence the winning of a lottery prize" when he leaned over a convenience store counter, tore off lottery tickets without paying fo
Publication Date: 2012-03-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: John W. Kraus, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
Case Number: S11A1416
The trial court properly admitted the defendant's custodial statements made during an investigation regarding the rape of another woman, since the defendant never unequivocally asserted his right to
Publication Date: 2012-03-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Francis X. Moore Frank X. Moore & Assocs., Atlanta, for appellant.
for defendant: . Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, David H. Flint and J. Carole T. Hord Schreeder, Wheeler & Flint LLP, Atlanta, for appellees.
Case Number: S11A1689
The Supreme Court lacked jurisdiction of the appellants' appeal relating to their dissatisfaction with the dismissal of their prior appeals for failure to timely pay appeal
Publication Date: 2012-03-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Elizabeth J. Kuhn Hait, Eichelzer & Kuhn, Woodstock, for appellant.
for defendant: Vic B. Hill Hill-Macdonald LLC, Marietta, for appellee.
Case Number: S11A1532
Trial counsel's failure to include the husband's correct address on her motion to withdraw was an insufficient ground to set aside the custody order under O.C.G.A. § 9-11-6
Publication Date: 2012-03-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Allan L. Parks Jr. and James E. Radford Jr. Parks, Chesin & Walbert PC, Atlanta, for appellant.
for defendant: . Theodore P. Meeker III Sumner Meeker LLC, Newnan, and Edward A. Miller, Atlanta, for appellees.
Case Number: S11A1645
The trial court erred in finding that the city was entitled to eign immunity with regard to the former employees' claims for damages, since, consistent with O.C.G.A. § 36-33-1 a, the city waive
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Authors: Michael D. Malfitano
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Publication Date: 2012-02-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Francis X. Moore Frank X. Moore & Assocs., Atlanta, for appellant.
for defendant: . Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, David H. Flint and J. Carole T. Hord Schreeder, Wheeler & Flint LLP, Atlanta, for appellees.
Case Number: S11A1689
The Supreme Court lacked jurisdiction of the appellants' appeal relating to their dissatisfaction with the dismissal of their prior appeals for failure to timely pay appeal
Publication Date: 2012-02-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Adam S. Poppell III, Darien, for appellant.
for defendant: . Joseph H. Ferrier and Crystal R. Ferrier Ferrier & Ferrier PC, Brunswick, James W. Smith, Hinesville, for appellees.
Case Number: S11A1551
No evidence supported the special master's conclusion that the appellee owned the disputed property either by deed or adverse posse
Publication Date: 2012-02-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Kenneth R. Croy Kenneth R. Croy & Assocs., Marietta, and Christopher R. Geel, Atlanta, for appellant.
for defendant: Patrick H. Head, District Attorney, John R. Edwards, Allen R. Knox, Anna G. Cross, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
Case Number: S11A1492
The state had a statutory right under O.C.G.A. § 17-7-130.1 to call its mental health expert to rebut the testimony of the defendant's expert who testified regarding the defendant's mental state at
Publication Date: 2012-01-13
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Michelle R. Harrison Harrison & Medlin PC, Evans, for appellant.
for defendant: David E. Davis, Augusta, for appellee.
Case Number: S11A1950
In a custody modification case, the trial court erred in relying on evidence adduced at a temporary hearing in violation of the rule set forth in Pace v. Pace, 287 Ga. 899
Publication Date: 2011-12-16
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Lisa F. Stuckey, Herbert H. Gray III, Brian J. Morrissey, and William J. Seigler III Ragsdale, Beals, Seigler, Patterson & Gray LLP, Atlanta, for appellant. Samuel S. Olens, Attorney General, Warren R. Calvert, Senior Assistant Attorney General, Heather R. Ryfa, Assistant Attorney General, Atlanta, for appellee.
for defendant:
Case Number: S11A1207
The trial court erred in dismissing the plaintiff's complaint, even if sovereign immunity barred its declaratory action, because its mandamus action remained v
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