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  • Houston v. State

    Publication Date: 2016-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Kevin Schumaker Public Defender's Office, Jonesboro, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A15A1828

    The evidence showed that the defendant either committed an armed robbery or no crime at all, and his trial counsel was therefore not deficient in failing to request a jury instruction on the lesser

  • In the Interest of S. B.

    Publication Date: 2016-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Jo Nesset-Sale, Athens, for appellant.
    for defendant: . Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Calandra Harps, Assistant Attorney General, Atlanta, and Chad Hunt, Crawford, for appellee.
    Case Number: A15A1427

    The Court reversed the termination of the appellants' parental rights to their two minor children, because the evidence was not clear and convincing that the deprivation was likely to ue, that

  • Crumpton v. Vick's Mobile Homes LLC

    Publication Date: 2016-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Ray Smith and Billy Tomlinson, Richmond Hill, for appellant.
    for defendant: William Maston, Savannah, for appellees.
    Case Number: A15A1334

    The plaintiff's action seeking dissolution of two LLCs did not cause her to cease to be a member of those companies under O.C.G.A. § 14-11-601.1 subsection

  • Moran v. State

    Publication Date: 2016-01-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Debra Jefferson, Lawrenceville, for appellant.
    for defendant: Shannon Wallace, District Attorney, Cliff Head, Jay Wall, Assistant District Attorneys, and Ryan Donnelly District Attorney's Office, Canton, for appellee.
    Case Number: A15A0795

    The evidence did not support the defendant's conviction for stalking, as the State failed to present sufficient evidence that the defendant's girlfriend was placed in reasonable fear for her safety,

  • American Alternative Ins. Co. v. Bennett

    Publication Date: 2016-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Robert Finlayson and Allison Escott Mozley, Finlayson Loggins LLP, Atlanta, for appellant.
    for defendant: Douglas Gibson, Kenneth Taft, and Adrienne Gibson Gibson Associates PC, Waycross, for appellee. Other party representation: Charles Shenton Young, Thagard, Hoffman, Smith Lawrence, Valdosta.
    Case Number: A15A0855

    The insurer was not liable for uninsured motorist coverage in the case, because no actual physical contact occurred when a log hanging off of an unknown log truck allegedly hit the claimant's windsh

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  • In the Interest of N. T.

    Publication Date: 2016-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Timothy J. Crouch and Emily J. Matson, Rome, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Calandra A. Harps, Assistant Attorney General, Atlanta, and Steven M. Ellis, LaFayette, for appellee.
    Case Number: A15A1284

    The juvenile court's order terminating the father's parental rights was prem

  • Glynn County, GA v. Coleman

    Publication Date: 2016-01-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Gregory Carter and Emily Hancock Brown Readdick Bumgartner Carter, Brunswick, for appellant.
    for defendant: James Roberts and Jason Tate Roberts Tate LLC, St. Simons Island, for appellees.
    Case Number: A15A1522; A15A1523; A15A1524

    The trial court properly concluded that class actions are permissible in cases involving tax refunds under O.C.G.A. § 48-5-380 and also that class actions, in general, may assert claims for non-mone

  • Willis v. Allstate Ins. Co.

    Publication Date: 2016-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Willis Green, Atlanta, for appellant.
    for defendant: Melissa Patton and Marvin Dikeman Webb, Zsckunke, Moller Dikeman LLP, Atlanta, for appellee.
    Case Number: A15A1252

    The claimant failed to point to any evidence that the insurer misled her during negotiations and fraudulently induced her to believe that the insurer intended to accept the claims and would waive t

  • Benton v. Gailey

    Publication Date: 2016-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Russell Davis, Kelley Webb, and Savannah Bray Downey Cleveland LLP, Marietta, for appellant.
    for defendant: Stephen Carter, Hartwell, for appellees.
    Case Number: A15A1310

    The trial court properly denied the defendant's motion to enforce a settlement agreement, because she never accepted the plaintiffs' settlement

  • Hall v. Hall

    Publication Date: 2015-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: James Lewis, Atlanta, for appellant.
    for defendant: Jonathan Mills Durden Mills PC, Athens, for appellee.
    Case Number: A15A1032

    The trial court erred in ng attorney fees in the father's action to modify child support of his two children without specifying a statutory or factual basis for the