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  • Abernathy v. State

    Publication Date: 2009-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Nathaniel A. Horsley, Dawsonville, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, and Theodore G. Cassert, District Attorney, Dawsonville, for appellee.
    Case Number: A09A1788

    Although the trial court's originally correct charge on kidnapping with bodily injury would now constitute error under Garza v. State, 284 Ga. 696 2008, the error did not require reversal, given the

  • Armstrong v. Rapson

    Publication Date: 2009-09-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Camille N. Jarman and Randolph P. Powell Jr. Huff, Powell & Bailey LLC, Atlanta, for appellant.
    for defendant: . Hubert E. Hamilton III The Hamilton Law Firm, Rossville, for appellee.
    Case Number: A09A1721

    In the absence of a complete transcript, the Court affirmed the denial of the defendant's motion for summary jud

  • Biggins v. State

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jennifer R. Burn Public Defender's Office, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Isabel M. Pauley, Assistant District Attorney, Savannah, for appellee.
    Case Number: A09A1610

    The defendant struck the victim on her head and a previously injured ear with a stereo speaker, resulting in stitches, a loss of hearing in that ear and the necessity of future su

  • Paramount Tax & Accounting LLC v. H & R Block E. Enters. Inc.

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mark W. Alexander and Jennifer I. Robertson Stewart, Melvin & House, Gainesville, for appellant.
    for defendant: . J. Matthew Maguire Jr., Robert F. Glass Balch & Bingham LLP, Atlanta, and David M. Kight Spencer, Fane, Britt & Browne LLP, Kansas City, Mo., for appellee.
    Case Number: A09A1542

    The noncompetition clause in a former employee's employment agreement was invalid and unenforceable as a matter of law for lack of proper territorial l

  • Clements v. State

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: Julia A. Slater and Jennifer E. Dunlap, District Attorneys, Columbus, for appellee.
    Case Number: A09A1774

    The defendant was not entitled to impeach her accomplice with a prior conviction for misdemeanor theft by conversion, absent evidence that the crime involved fraud or d

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Freeman v. State

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Wesley M. Woolverton, Assistant Public Defender, and Amy Salley Public Defender's Office, Douglasville, for appellant.
    for defendant: Brian K. Fortner, Solicitor General, and Evelyn Proctor, Assistant Solicitor General, Douglasville, for appellee.
    Case Number: A09A1864

    The state's objection to the exclusion of testimony regarding a correlation between HGN test results and blood-alcohol content did not constitute manifest necessity requiring a mis

  • Fielding v. State

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Sherry T. Barnes, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A09A1657

    The defendant's convictions for robbery and kidnapping involved a common plan, which occurred over less than one month in the same c

  • Jordan Jones and Goulding Inc. v. Newell Recycling of Atlanta Inc.

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Joseph C. Staak and Robert O. Fleming Jr. Smith, Currie & Hancock LLP, Atlanta, for appellant.
    for defendant: H. Fielder Martin and Stephen G. Lowe Shapiro, Fussell, Wedge, Smotherman & Martin, Atlanta, for appellee.
    Case Number: A09A1397

    The applicable 4-year statute of limitation period for professional malpractice claims barred the plaintiff's breach of contract suit for defects in an automobile shredding facility, which the defen

  • Chatham County Bd. of Tax Assessors v. Bock

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Abda L. Quillian, Savannah, for appellant.
    for defendant: John M. Tatum Hunter, Maclean, Exley & Dunn PC, Savannah, for appellee.
    Case Number: A09A1274

    The plain and unambiguous language in both the Rehabilitated Historic Property Preferential Assessment Act and the Chatham county homestead exemption does not preclude the simultaneous application

  • Artis v. State

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David S. West West & Corvelli, Marietta, for appellant.
    for defendant: Gwendolyn K. Fleming,, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, and Deborah D. Wellborn District Attorney's Office, Decatur, for appellee.
    Case Number: A09A1377

    The firearms discovered in a vehicle in which the defendant was a passenger was admissible as part of the res g