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  • Benedek v. The Bd. of Regents of the Univ. Sys. of GA

    Publication Date: 2015-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Stephen Humphreys, Athens, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Bryan Webb, Senior Assistant Attorney General, and Claude Sitton, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A15A0088

    The trial court improperly denied the plaintiff's request to amend his complaint to add additional claims against the defendants because he was entitled to amend his complaint as a matter of right b

  • Ballard v. Newton County Bd. of Tax Assessors

    Publication Date: 2015-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Eugene Butt James Hugh Potts II LLC, Atlanta, for appellant.
    for defendant: . William Craig and Andrea Gray Law Offices of William Thomas Craig, Covington, for appellee.
    Case Number: A15A0298

    A tax sale does not qualify as an "arm's length, bona fide sale" under O.C.G.A. § 48-5-2 because it is an atypical transa

  • Bulloch County Bd. of Comm'rs v. Williams

    Publication Date: 2015-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Laura Wheaton Brown Rountree PC, Statesboro, for appellant.
    for defendant: Michael Classens Edenfield, Cox Classens, Statesboro, and R. Hubert Reeves, Millen, for appellee. Amicus Curiae: Christopher Gohagan Taulbee Rushing Snipes Marsh Hodgin LLP, Statesboro.
    Case Number: A15A0459

    The trial court erred in failing to properly apply the "any evidence" standard of review to a local government body's zoning dec

  • Schlesselman v. State

    Publication Date: 2015-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Adam Hames The Hames Law Firm, Atlanta, for appellant.
    for defendant: Richard Mallard, District Attorney, and Benjamin Edwards District Attorney's Office, Statesboro, for appellee.
    Case Number: A15A0118

    The evidence supported the defendant's convictions for computer child exploitation and attempted child molestation after he communicated through email and text messages with a person he believed to

  • Bowman v. State

    Publication Date: 2015-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Donald Evans Evans Rhodes LLC, Cartersville, for appellant.
    for defendant: Rosemary Greene, District Attorney, and Erle Newton District Attorney's Office, Calhoun, for appellee.
    Case Number: A15A0257

    There was no evi in the record demonstrating probable cause for the issuance of a search warrant for the defendant's resi

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Green v. State

    Publication Date: 2015-06-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Forrest Shealy, Marietta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, and John Edwards District Attorney's Office, Marietta, for appellee.
    Case Number: A14A1849

    The defendant had no standing to challenge an order authorizing police to place a tracking device on his co-defendant's truck, and the trial court properly denied his motion to suppress evidence obt

  • Tuohy v. City of Atlanta

    Publication Date: 2015-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Gary Kessler Martenson Hasbrouck Simon LLP, Atlanta, for appellant.
    for defendant: Y. Soo Jo, Kristi Matthews, and Robert Godfrey City of Atlanta Law Department, Atlanta, for appellees.
    Case Number: A14A2148

    The plaintiff failed to show that the City's reasons for terminating his employment were pretextual in his suit alleging that he was terminated in retaliation in violation of the Georgia Whistleblowe

  • Thompson v. State

    Publication Date: 2015-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Long Vo Georgia Public Defender Standards Council, Atlanta, and Cara Clark, Griffin, for appellant.
    for defendant: Herbert Franklin, District Attorney, and Kay Baker, Assistant District Attorney, LaFayette, for appellee.
    Case Number: A14A2161

    A shoplifting report was not prepared in anticipation of prosecution because the store that prepared the report was not a party to the prosecution and could not anticipate what action the State woul

  • Brown v. GeorgiaCarry.Org Inc.

    Publication Date: 2015-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Eric Bumgartner and Richard Strickland Brown Readdick Bumgartner Carter, Brunswick, for appellant.
    for defendant: . John Monroe, Roswell, for appellees.
    Case Number: A14A2021

    Because the officers had "arguable reasonable suspicion" to detain the appellee and request his identification, they were acting in the lawful discharge of their duties when they arrested him for r

  • White v. Raines

    Publication Date: 2015-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: David Maher, Atlanta, and Diane Cherry The Cherry Law Firm PC, Kennesaw, for appellant.
    for defendant: Susan Raines, Acworth, proceeded pro se.
    Case Number: A14A2158

    The trial court lacked authority to continue an ex parte temporary protective order for 60 days, since it failed to address the merits of th tioner's stalking allegations within 30 days after t