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  • Kenemer v. State

    Publication Date: 2014-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: George Sparks, Assistant Public Defender, Dalton, for appellant.
    for defendant: Herbert Poston, District Attorney, and Susan Franklin, Assistant District Attorney, Dalton, for appellee.
    Case Number: A14A0928

    The evidence supported the defendant's conviction for possession of tools for the commission of a crime after a witness observed him taking metal from a business and police found wire cutters, flas

  • City of Stockbridge v. Stuart

    Publication Date: 2014-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Winston Denmark and Steven Fincher Fincher, Denmark & Williams LLC, Jonesboro, for appellant.
    for defendant: Gregory Hecht and Joseph Cloud Hecht Walker PC, Stockbridge, for appellee.
    Case Number: A14A0873

    A mayor was entitled to attorneys' fees in his successful action against the city, as he was acting in his official capacity and was required to hire outside counsel to assert a legal position the c

  • Hagan v. Keyes

    Publication Date: 2014-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Jeffrey B. Rentz Williams Rentz & Moulton PC, St. Simons Island, and Ashley E. Browning, Darien, for appellant.
    for defendant: J. Alvin Leaphart, Jesup, and Adam S. Poppell III, Darien, for appellee.
    Case Number: A14A1472

    The trial court erred in awarding attorneys' to the plaintiff, as there was no evidence regarding the reasonableness of those

  • Smith v. State

    Publication Date: 2014-09-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Gerald Privin Public Defender's Office, McDonough, for appellant.
    for defendant: James Wright, District Attorney, and Jordan Van Matre District Attorney's Office, McDonough, for appellee.
    Case Number: A14A1180

    The defendant was required to register as a sex offender under the requirements of O.C.G.A. § 42

  • Boardman v. Brenninkmeijer

    Publication Date: 2014-09-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Carol Clark, Atlanta, for appellant.
    for defendant: Larry Chesin Parks, Chesin & Walbert PC, Brian Morrissey, and W. Russell Patterson Jr. Ragsdale, Beals, Hooper & Seigler, Atlanta, for appellee.
    Case Number: A14A1000

    The Court is not permitted to reach the merits of an a where the appellant has filed a notice of bankruptcy during the pendency of the a

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  • Chester v. State

    Publication Date: 2014-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Kevin Anderson Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Robert James, District Attorney, and Gerald Mason District Attorney's Office, Decatur, for appellee.
    Case Number: A14A1465

    The trial court erred in failing to merge the false imprisonment counts into the related kidnapping counts, as the same facts were used to prove each offense and the counts originally were indicted

  • GOM Builders LLC v. Renasant Bank

    Publication Date: 2014-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: George Nason Lamberth, Cifelli, Stokes, Ellis & Nason, Steven Strelzik and Mary Trachian-Bradley Steven J. Strelzik PC, Atlanta, Douglas Flint Flint & Connolly, Canton, and John Pennington, Helen, for appellant.
    for defendant: . Susan Howick Howick, Westfall, McBryan & Kaplan LLP, and Michael Johnson Troutman Sanders, Atlanta, for appellee.
    Case Number: A14A1418

    An appeal from the grant of a supersedeas bond was moot because the underlying appeals have been decided and are no longer pe

  • DeMott v. Old Town Trolley Tours of Savannah Inc.

    Publication Date: 2014-08-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Simon Weinstein, Atlanta, Jeffrey Lasky, and Brian Krapf Ashman, Lasky & Cooper, Savannah, for appellant.
    for defendant: Joseph Brennan, Kathryn Westberry Brennan & Wasden, and Sandra Foster Brennan, Harris & Rominger LLP, Savannah, for appellee.
    Case Number: A14A0086

    Because the plaintiff was not aboard or in the act of boarding or exiting the defendant's trolley when she fell, no carrier-passenger relationship existed so as to invoke the duty of extraordinary c

  • Jai Ganesh Lodging Inc. v. David M. Smith Inc.

    Publication Date: 2014-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Ansel Beacham, Samuel Lucas, Ivy Duggan, and Lee Carter Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome, for appellant.
    for defendant: . William Strickland Temple, Strickland, Dinges & Schwartz, Atlanta, and George Welborn Downey, Cleveland, Parker & Williams, Marietta, for appellees.
    Case Number: A14A0389

    The acceptance doctrine did not apply to the plaintiffs' negligent constru claims because there was evidence that the defect at issue was not readily observable on reasonable inspe

  • Chambers v. Monroe Cnty. Bd. of Comm'rs

    Publication Date: 2014-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Paul Knott Knott & Lemon PC, Macon, for appellant.
    for defendant: Phillip Sibley Murphy & Sibley PC, Macon, for appellee. Other party representation: Douglas Witten State Bd. of Workers' Compensation, Atlanta.
    Case Number: A14A0265

    There was some evidence to support the Appellate Division of the Workers' Compensation Board's determination that the claimant's knee injury was not compensable because it did not arise out of her e