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  • Murphy v. BCCTC Assocs. Inc.

    Publication Date: 2015-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Stanley Kreimer, Atlanta, for appellant.
    for defendant: Laura Stevenson, Atlanta, and Sigmund Roos Block Roos LLP, Boston, MA, for appellees. Other party representation: Andrew Coomes McConnell Sneed LLC, Atlanta.
    Case Number: A15A1048

    The guaranties at issue could not be enforced absent evidence of the plaintiffs' compliance with a condition precedent contained in paragraph six of the guaranties, which was not satisfied in this

  • Harris v. West Cent. Georgia Bank

    Publication Date: 2015-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Craig Long, McDonough, for appellant.
    for defendant: Alan Connell, Thomaston, for appellee.
    Case Number: A15A0819

    The deed to secure debt was invalid because the debt never existed, as no money was ever exchanged between the appellant and the debtor, and the trial court thus properly dismissed the appellant's c

  • Cemex Constr. Materials Florida LLC v. LRA Naples LLC

    Publication Date: 2015-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Charles Crawford and Michael King Greenberg Traurig LLP, Atlanta, for appellant.
    for defendant: John Lockett and Pelham Wilder Morris Manning Martin LLP, Atlanta, for appellee.
    Case Number: A15A0996

    The forum selection clause in the underlying agreement applied to the action and the trial court therefore erred in denying the appellant's motion to di

  • In the Interest of C. S.

    Publication Date: 2015-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Leo Kight in Case No. A15A1155 only, Public Defender, Forsyth, and Meredyth Yoon Public Defender's Office, Brunswick, for appellant.
    for defendant: Jacquelyn Johnson, District Attorney, Marilyn Bennett in Case No. A15A1155 only District Attorney's Office, Brunswick, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellee.
    Case Number: A15A1154; A15A1155

    The evidence, although circumstantial, sufficiently supported the juvenile court's judgment adjudicating the 16-year-old delinquent for acts which, if committed by an adult, would have constituted a

  • Moss v. State

    Publication Date: 2015-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Jeffrey Filipovits and Charles Magarahan, Atlanta, for appellant.
    for defendant: Barry Morgan, Solicitor General, and Flynn Broady Solicitor General's Office, Marietta, for appellee.
    Case Number: A15A0904

    The State established that the safety checkpoint at which the defendant was stopped—resulting in his DUI conviction—had a valid purpose when viewed at the programmatic level in accordance with recen

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  • Driskell v. State

    Publication Date: 2015-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: John Monroe, Roswell, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.
    Case Number: A15A1443

    The trial court did not err in admitting a 911 call on the basis that the caller did not testify at trial, thus violating the defendant's right to confrontation, since the caller made the call while

  • State v. Zilke

    Publication Date: 2015-08-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Mimi Scaljon and Barry Morgan, Solicitors General, Marietta, for appellant.
    for defendant: Bimal Chopra, Marietta, for appellee.
    Case Number: A15A0279

    The State appeals from the trial court's order granting Bajrodin Zilke's motion to suppress. Because the trial court erred in finding that Zilke was arrested without authori

  • Oglethorpe Power Corp. v. The Estate of James Forrister

    Publication Date: 2015-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Natalie Beasman, Malissa Kaufold-Wiggins Balch Bingham LLP, Gregory Cole Autry, Horton Cole LLP, Atlanta, and Hugh McNatt McNatt Greene Peterson, Vidalia, for Oglethorpe Power Corp.. Jason Sanker McRae, Stegall, Peek, Harman, Smith Manning, Rome, and Michael McRae McRae, Stegall Peek, Cedartown, for The Estate of James Forrister Paradise Lost LLC. Amicus Curiae in Case Nos. A15A0374, A15A0375 A15A0522: Jonathan Wells Alston Bird LLP, Atlanta.
    for defendant:
    Case Number: A15A0374; A15A0375; A15A0376; A15A0377; A15A0522

    These cases, involving claims of nuisance against the owner and operator of the Sewell Creek Energy Facility by numerous surrounding landowners, appear before us for the second time. The relevant

  • Cottingham Butler Inc. v. Belu

    Publication Date: 2015-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Stephanie Brown and Scott McMickle McMickle, Kurey Branch LLP, Alpharetta, for appellant.
    for defendant: . Jack Witcher and Daniel Greenfield Jack F. Witcher, Breman, for appellees.
    Case Number: A15A0182

    Aron and Lidia Belu, d/b/a Express Auto Transport, sued their insurance agents, Cottingham Butler, Inc. and Cottingham Butler Insurance Services, Inc. collect

  • Black v. Bland Farms LLC

    Publication Date: 2015-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Isaac Byrd, Deputy Attorney General, John Hennelly, Elizabeth Monyak, Assistant Attorneys General, Nowell Berreth in Case No. A15A0042, Kyle Wallace in Case No. A15A0042, and David Stewart in Case No. A15A0042 Alston Bird, Atlanta, for appellant.
    for defendant: Christopher Anulewicz in Case No. A15A1610, Michael Bowers, and Joshua Moore Balch Bingham LLP, Atlanta, for appellee.
    Case Number: A15A0042; A15A1610

    In Case No. A15A0042, Gary Black, in his official capacity as the Georgia Commissioner of Agriculture the Commissioner, appeals from a trial court ruling declaring