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Publication Date: 2012-08-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: John Woodham Woodham & Assocs. LLC, Atlanta, for appellant.
for defendant: Paul Howard, District Attorney, Cary Ichter, S. Renee Huskey Ichter Thomas LLC, Lewis Horne Schiff Hardin LLP, George Long Womble, Carlyle, Sandridge & Rice, Atlanta, and Gary Wyatt Lowe's Home Centers Inc., Mooresville, N.C., for appellees.
Case Number: A12A0587
The Court vacated the judgment validating and confirming revenue bonds and bond security and remanded the case for the trial court to enter a judgment setting forth the requisite findings of fact an
Publication Date: 2012-08-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Darl Champion Warshauer Law Group PC, Atlanta, for appellant.
for defendant: John Stewart Hall, Bloch, Garland & Meyer, Macon, for appellee.
Case Number: A12A0202
A railway company was not entitled to summary judgment in a conductor's suit for injuries arising from a grade-crossing collision between a train and a logging
Publication Date: 2012-07-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Thomas Byrne Sutherland Asbill & Brennan LLP, Atlanta, and Kimberly C. Harris Ellis Painter Ratterree & Adams, Savannah, for appellant.
for defendant: John Christy Schreeder, Wheeler, & Flint, Atlanta, for appellees.
Case Number: A12A0361
In a foreclosure case, a lender's evidence of the leased fee interest did not satisfy the requirement of O.C.G.A. § 44-14-161 that the foreclosing party prove that the property sold for its true mar
Publication Date: 2012-07-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
for defendant: Daniel Porter, District Attorney, and Wesley Ross District Attorney's Office, Lawrenceville, for appellee.
Case Number: A12A0135
A defendant's acquittal for murder did not bar his retrial following a mistrial on the lesser included offense of voluntary manslau
Publication Date: 2012-07-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Mark Gilbert Coleman Talley LLP, Valdosta, for appellant.
for defendant: James Durham Durham, McHugh & Duncan PC, Norman Lovein Hall, Booth, Smith & Slover PC, John R. Ferrelle, Brunswick, James Bennett Bennett Law Firm, Valdosta, and Thomas Ratcliffe Ratcliffe & Smith, Hinesville, for appellees.
Case Number: A12A0101
The forum selection clause in a loan agreement precluded the parties from seeking dismissal, despite a contrary forum non conveniens clause in the promissory note amen
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Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2012-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff:
for defendant:
Case Number: A12A0481; A12A0482
The trial court erred in awarding prejudgment interest at a greater rate than specified or requ
Publication Date: 2012-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Matthew Crosby, Lawrenceville, for appellant.
for defendant: Daniel J. Porter, District Attorney, Rodney Miles, Assistant District Attorney, and Keith Miles District Attorney's Office, Lawrenceville, for appellee.
Case Number: A12A0662
The defendant's mere presence in a house where officers found drugs and weapons was not sufficient to show that he had joint constructive possession of the contr
Publication Date: 2012-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Robert H. Snyder Jr., John A. Christy Schreeder, Wheeler & Flint LLP, Brooke F. Voelzke Hunton & Williams, and Jared W. Heald, Atlanta, for appellant.
for defendant: . Thomas M. Barton and Aaron P. M. Tady Coles Barton LLP, Lawrenceville, for appellee.
Case Number: A12A0414
The trial court improperly based the amount of damages on balance and fee summaries without evidence of the underlying business re
Publication Date: 2012-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Melissa Lawrence, Assistant Public Defender, Hinesville, for appellant.
for defendant: in A12A0005. Cheryl Quick, Assistant Public Defender, for appellant in A12A0011. Karen Mead, Assistant Circuit Defender, Brunswick, and Melissa Lawrence, Assistant Public Defender, Hinesville, for appellant in A12A0012. William Cox, Assistant Public Defender, Pembroke, and Melissa Lawrence, Assistant Public Defender, Hinesville, for appellant in A12A0013. John T. Durden Jr., District Attorney, and Johnathan Gaskin, Assistant District Attorney, Hinesville, for appellee.
Case Number: A12A0005; A12A0011; A12A0012; A12A0013
The evidence did not support four juveniles' adjudications of delinquency for charges of violating the Georgia Street Gang Terrorism and Preventio
Publication Date: 2012-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Edwin Wilson Frails & Wilson, Augusta, for appellant.
for defendant: Samuel S. Olens, Attorney General, J. David Stubins, Assistant Attorney General, and James Weston Trotter Jones LLP, Atlanta, for appellee.
Case Number: A12A0513
The plaintiff met her burden of establishing waiver of sovereign immunity over that portion of her claim asserting negligence from a state-employed dentist's failure to contact her for a follow-up a
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