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  • Tanner Med. Ctr. Inc. v. Vest Newnan LLC

    Publication Date: 2016-08-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Kathlynn Polvino KBP Law PC, Robert Rozier Baker Hostetler LLP, Adrienne Marting Nelson Mullins Riley Scarborough LLP, and Lawrence Myers, Atlanta, for appellant.
    for defendant: in Case No. A16A0120. Samuel S. Olens, Attorney General, Isaac Byrd, Deputy Attorney General, and Daniel Walsh Attorney General's Office, Atlanta, for appellants in Case No. A16A0121. John Hood, Jason Bring, Marc Peterzell Arnall, Golden Gregory LLP, LaRonica Lightfoot County Attorney's Office, Samuel S. Olens, Attorney General, and Robin Cohen, Assistant Attorney General, Atlanta, for appellees in Case No. A16A0120. John Hood, Jason Bring, Marc Peterzell Arnall, Golden Gregory LLP, Kathlynn Polvino KBP Law PC, Robert Rozier Baker Hostetler LLP, Adrienne Marting Nelson Mullins Riley Scarborough LLP, and Lawrence Myers, Atlanta, for appellees in Case No. A16A0121.
    Case Number: A16A0120; A16A0121

    There was substantial evidence supporting the Department of Community Health's decision to deny a hospital's Certificate of Need to establish an inpatient psychiatric hospital, and the trial court e

  • Terry v. Catherall

    Publication Date: 2016-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Larry Stewart, Lawrenceville, for appellant.
    for defendant: . Matthew McLaughlin McLaughlin Law Firm, Atlanta, Joshua Ruplin, and Sean Hynes Downey Cleveland LLP, Marietta, for appellees.
    Case Number: A16A0353

    The plaintiffs' expert testimony was sufficient to create a genuine issue of material fact on the issue of causation in their nuisance suit related to surface water runoff from the defendants' adjoi

  • Bell v. State

    Publication Date: 2016-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Michael Bell, Waycross, proceeded pro se. Denise Fachini, District Attorney, and Bradford Rigby District Attorney's Office, Cordele, for appellee.
    for defendant:
    Case Number: A16A0670

    The trial court failed to make appropriate findings of fact and conclusions of law in determining that the prisoner failed to show some justification or necessity for a copy of his trial transcript

  • State v. Enich

    Publication Date: 2016-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Jacquelyn Johnson, District Attorney, Brunswick, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellant.
    for defendant: Earle Duncan, Darien, for appellee.
    Case Number: A16A0550

    The trial court properly granted the defendant's motion for new trial on the ground that he should have been allowed to impeach a prosecution witness with evidence of her pending first offender prob

  • Graham v. State

    Publication Date: 2016-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Angela Dillon, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Courtney Spicer District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A16A0473

    The evidence sufficiently supported the defendant's conviction for theft by taking after the victim paid him to build cabinets for her kitchen, but he never provided the cabinets and did not refund

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  • State v. Flores-Gallegos

    Publication Date: 2016-07-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Rosanna Szabo, Solicitor General, and Robert Fisher Solicitor General's Office, Lawrenceville, for appellant.
    for defendant: Norman Cuadra, Chirag Patel, and Jessica Autry Cuadra Patel LLC, Lawrenceville, for appellee.
    Case Number: A16A0339

    The trial court applied the wrong standard when it found that the defendant, who had a limited understanding of the English language, did not give actual, knowing and voluntary conse

  • Georgia Cas. Surety Co. v. Valley Wood Inc.

    Publication Date: 2016-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Naveen Ramachandrappa, Frank Lowrey Bondurant, Mixson Elmore LLP, Atlanta, Lori Leonardo, and Jerry Buchanan Buchanan Land, Columbus, for Georgia Cas. Surety Co.. Neal Callahan, David Helmick, and Clarence Mullin Waldrep, Mullin Callahan, Columbus, for Valley Wood Inc..
    for defendant:
    Case Number: A15A1915; A15A1916

    The underlying insurance policy was void based on misrepresentations in the application, and the insurer was therefore entitled to a directed verdict based upon O.C.G.A. § 33-24-7 subsect

  • King v. State

    Publication Date: 2016-06-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: William Adams Public Defender's Office, Thomaston, for appellant.
    for defendant: Scott Ballard, District Attorney, Griffin, and Robert Smith Prosecuting Attorneys' Council of Georgia, Morrow, for appellee.
    Case Number: A15A1878

    The trial court was authorized to conclude that the photographic line-up, which led to a victim's identification of the defendant as the perpetrator, t impermissibly suggestive and that there

  • Jefferson v. Houston Hosps. Inc.

    Publication Date: 2016-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Monica Wilburn, Warner Robins, for appellant.
    for defendant: . Daniel Huff, Julye Johns Huff Powell Bailey LLC, and John Train Weinberg, Wheeler, Hudgins, Gunn Dial LLC, Atlanta, for appellees.
    Case Number: A15A1811; A15A1812; A15A2022

    The defendant hospital was entitled to summary judgment because the plaintiffs did not present sufficient evidence to sustain their claims under any asserted cause of action arising out of the misco

  • Williams v. State

    Publication Date: 2016-05-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Elizabeth Rogan, Atlanta, for appellant.
    for defendant: Sherry Boston, Solicitor General, Wystan Getz, and Rachel South Solicitor General's Office, Decatur, for appellee.
    Case Number: A15A1973

    The bench trial that resulted in the defendant's conviction for driving without a license was fundamentally flawed in that the defendant was not adequately informed of the consequences of proceeding