• Coastal Marshlands Protection Comm. v. Altamaha Riverkeeper Inc.

    Publication Date: 2012-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A11A1844; A11A1845

    The superior court applied an incorrect standard in reviewing the ALJ's affirmance of the Coastal Marshlands Protection Committee's grant of a permit, as it focused on whether the evidence supported

  • Coastal Marshlands Protection Comm. v. Altamaha Riverkeeper Inc.

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A11A1844; A11A1845

    The superior court applied an incorrect standard in reviewing the ALJ's affirmance of the Coastal Marshlands Protection Committee's grant of a permit, as it focused on whether the evidence supported

  • Gould v. State

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A11A2214

    The trial court did not abuse its discretion in denying t endant's motion for an out-of-time appeal based on ineffective assistance of counsel, where trial counsel's testimony established that

  • Bowerman v. Bowerman

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Patricia B. Ball Ball Family Law, Canton, and Allyson C. Russell-Blair, Marietta, for appellant.
    for defendant: Frank H. Jones, Rome, and John M. Hawkins Oklahoma Tax Comm'n, Oklahoma City, Okla., for appellee.

    Case Number: A11A1895

    The trial court grievously erred in ordering that the husband could deduct its award to him of $5.8K in attorneys' fees and expenses and $3.4K in reimbursement for payment to a licensed marriage and

  • Blockbuster Investors LP v. Cox Enterprises Inc.

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Henry D. Fellows Jr. and Kevin P. Weimer Fellows LaBriola LLP, Atlanta, for appellant.
    for defendant: Stacey A. Carroll Dow Lohnes PLLC, Stephen W. Mooney, William C. Buhay and Henry C. DeBardeleben IV Weinberg Wheeler Hudgins Gunn & Dial LLC, Atlanta, for appellee.

    Case Number: A11A2248

    The defendant undertook to guarantee only the performance of the lease obligations of the original tenant named its guaranty agreement, so it was not liable as the guarantor of the lease obligations

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  • Littlefield Constr. Co. v. Bozeman

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: George T. Talley and Edward F. Preston Coleman Talley LLP, Valdosta, for appellant.
    for defendant: Keenan R. S. Nix, Christopher J. Graddock Morgan & Morgan PA, Atlanta, Scott C. Crowley and Bobby L. Scott Day Crowley LLC, Columbus, for appellee.

    Case Number: A11A2363

    The employer did not produce uncontradicted evidence that his employee was not acting within the scope of his employment when he rear-ended the plaintiff's ve

  • Dunn-Craft v. State Farm Mut. Ins. Co.

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Terry D. Jackson, Atlanta, for appellant.
    for defendant: John B. Craig, Kevin P. Reardon Harper, Waldon & Craig, Christopher T. Byrd, Earl W. Gunn, McLendon W. Garrett Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Michael J. Rust, Christopher M. Ziegler Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, Robert C. Harrison Downey & Cleveland LLP, Marietta, William T. Mitchell and Andrew S. Ashby Cruser & Mitchell LLP, Norcross, for appellees. Other party representation: Denise D. Hoying, Atlanta.

    Case Number: A11A2420

    The plaintiff was not entitled to stack the UM coverage provided in her boyfriend's four insurance pol

  • Bynum v. State

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Adam M. Hames The Hames Law Firm and David A. Sirna Krevolin & Horst LLC, Atlanta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.

    Case Number: A11A1642

    Trial counsel was not deficient in failing to request a jury charge on the defendant's decision not to te

  • Rollf v. State

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Frank M. Pennington II, Assistant District Attorney, Savannah, for appellee.

    Case Number: A11A2042

    The defendant cut the victim across her neck with a knife and severely sliced her left hand between her thumb and index finger in front of the victim's four chi

  • White Oak Homes Inc. v. Community Bank & Trust

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael D. Robl Spears & Robl LLC, Decatur, for appellant.
    for defendant: . Joseph D. Cooley III and Jason A. Dean Hulsey, Oliver & Mahar, Gainesville, for appellee.

    Case Number: A11A2191

    Nexgen Cumming LLC v. State Bank & Trust Co., A11A2170 01/26/12, 12 FCDR 271 02/03/12, adversely decided the appellant's challenge to the admissibility of a publisher's affidavit of publication