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Publication Date: 2016-05-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Michael Manely and Alyssa Blanchard The Manely Firm PC, Marietta, for appellant.
for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and Joseph Justice, Dallas, for appellee. Other party representation: Gayle Csehy, Guardian Ad Litem, Dallas.
Case Number: A15A2056
The trial court applied an incorrect standard in determining the merits of a grandfather's petition for visitation with respect to his two granddaughters, who were in the custody of the Department o
Publication Date: 2016-05-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Joshua Weiss and D. Marty Lasley, Chattanooga, TN, for appellant.
for defendant: Herbert Franklin, District Attorney, LaFayette, and Alan Norton, Assistant District Attorney, Ringgold, for appellee.
Case Number: A15A2104
Evidence that the defendant received various goods his mistress had purchased with money she embezzled from the victim did not support his convictions for seven counts of theft by receiving stolen p
Publication Date: 2016-05-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Stephen Michmerhuizen, Warren Coppedge Coppedge Evans PC, and Daniel Laird Laird Litigation LLC, Dalton, for appellant.
for defendant: Monica Gilroy, Tania Trumble Dickenson Gilroy LLC, Alpharetta, Dustin Sharpes Wargo French LLP, Atlanta, for appellee.
Case Number: A15A1996
The trial court erred in dismissing the defendant's counterclaim to quiet title, since the allegations of the counterclaim disclose the defendant would be entitled to relief if it was determin
Publication Date: 2016-05-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Jessica Moss, Solicitor General, and Barry Hixson, Chief Assistant Solicitor General, Canton, for appellant.
for defendant: T. Kevin Mooney and George Stein Stein Ward, Atlanta, for appellee.
Case Number: A15A1947
Although the defendant was under the influence of alcohol, a video recording of his interaction with police officers clearly demonstrated that he was capable of exercising sufficient free will to co
Publication Date: 2016-04-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Matthew Ames Balch Bingham LLP, Atlanta, Hugh McNatt, and Hugh Peterson McNatt Greene Peterson PC, Vidalia, for Lewis and Medi-Source. Edward Collier Collier Gamble LLP, Dawson, for McNeely et al..
for defendant:
Case Number: A15A1682; A15A1683
The trial court erred in ruling that the plaintiffs had stipulated to the entire set-off it awarded against a jud
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Publication Date: 2016-04-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Stanley Kreimer, Atlanta, and Lawrence Morton, Snellville, for appellant.
for defendant: Neil Wilcove Freeman, Mathis Gary LLP, Atlanta, for appellee.
Case Number: A15A2090
A genuine issue of material fact remained in the plaintiff's suit alleging that a real estate brokerage firm breached a duty to perform ministerial acts with reasonable care, and the trial court th
Publication Date: 2016-03-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Leslie Kennerly and John Smith Young, Thagard, Hoffman, Smith Lawrence, Valdosta, for appellant.
for defendant: William Holbert Slover, Prieto, Marigliano Holbert LLC, James Douglas, and Jack Helms The Helms Law Firm PC, Homerville, for appellee. Other party representation: John Stephenson Watson Spence LLP, Albany.
Case Number: A15A2036
As an out-of-possession landlord, the defendant was entitled to summary judgment in the plaintiff's premises liability suit, because he neither constructed the ramp on which the plaintiff fell nor s
Publication Date: 2016-03-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Katie Smith Phillips Kitchings LLC, Ludowici, for appellant.
for defendant: . James Hardin, Brunswick, for appellee. Other party representation: Kimberly Copeland, Jesup.
Case Number: A15A1659
The trial court properly denied the appellants' motion to dismiss a custody action in superior court based upon a prior pending action in juvenile court, as the doctrine of priority jurisdiction did
Publication Date: 2016-02-23
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, for appellee.
Case Number: A15A2398
Unless the evidence shows that the defendant obstructed each arresting officer in a different way or at a different point in time, multiple obstruction charges against multiple officers should merge
Publication Date: 2016-02-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff: Jennifer Arndt, Assistant Public Defender, Covington, for appellant.
for defendant: Layla Zon, District Attorney, and Melanie Bell, Assistant District Attorney, Covington, for appellee.
Case Number: A15A2035
The evidence supported the defendant's convictions for first degree homicide by vehicle, second degree homicide by vehicle, reckless driving and failing to maintain her
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