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  • Sitton v. Print Direction Inc.

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Stephen M. Katz The Katz Law Group, Marietta, and Victor S. Roberts Law Office of John D. Wales, Atlanta, for appellant. Burton F. Dodd Fisher & Phillips, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1055

    The viewing and printing of emails on an employee's laptop computer by the employer's president/CEO did not fall within the scope of O.C.G.A. § 16-9-93 because the evidence did not show that it was

  • Fairfax v. Wells Fargo Bank NA

    Publication Date: 2011-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Cherie Fairfax, Fayetteville, proceeded pro se. Frank R. Olson McCurdy & Candler LLC, James C. Fox and Russell J. Rogers Thompson Hine LLP, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1403

    The plaintiff failed to state a cause of action for alleged overbilling that resulted in the foreclosure of her

  • McDowell v. Hartzog

    Publication Date: 2011-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David J. Blevins, Dalton, for appellants. Sean L. Hynes Downey & Cleveland, Marietta, Matthew G. Moffett and W. Jason Pettus Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, for appellees.
    for defendant:
    Case Number: A11A0965

    The plaintiff could not complain of the defendant's testimony regarding the medical treatment he received as a result of the traffic accident at issue on relevance grounds because the plaintiff hims

  • Brzowski v. Quantum Nat'l Bank

    Publication Date: 2011-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Janis L. Rosser and Elizabeth C. Whealler, Roswell, for appellant. Jody C. Campbell Webb Tanner Powell Mertz & Wilson LLP, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A0785

    The lack of an execut te on a personal guaranty did not violate the Statute of Frauds because the express language of the guaranty sufficiently identified the debt that it covered and the execu

  • Davis v. Foreman

    Publication Date: 2011-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James E. Stein Stein & Guy PC, St. Marys, for appellant. Douglas L. Gibson and Kenneth A. Taft Gibson & Assocs. PC, Waycross, for appellees.
    for defendant:
    Case Number: A11A0857

    The trial court did not err in granting the plaintiffs' renewed summary judgment motion because the denial of the plaintiffs' application for interlocutory review of the denial of their first motion

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  • Johnson v. State

    Publication Date: 2011-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael E. Garner, Columbus, for appellant.
    for defendant: Julia A. Slater, District Attorney, Michele C. Ivey and Michael E. Craig, Assistant District Attorneys, Columbus, for appellee.
    Case Number: A09A2347

    Defendant's trial counsel was ineffective and failed to reasonably represent him during the plea bargaining pr

  • Fields v. State

    Publication Date: 2011-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael J. Ivan Ivan Law Firm PC, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Bruce D. Hornbuckle and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A11A1406

    The trial court did not abuse its discretion in admitting photographs of the scene of the aggravated assault, even though two people were in the process of cleaning up the blood stains when police a

  • Baker v. State

    Publication Date: 2011-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John R. Burdges, Buford, for appellant.
    for defendant: Daniel J. Porter, District Attorney, James V. Branch, Assistant District Attorney, and Justin D. Unger District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A11A1430

    The defendant's argument that his employer c ed to his taking of raw materials was meritless, since the employer's retention of a security company to investigate thefts showed that it did not

  • Jessup v. Ray

    Publication Date: 2011-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Samuel R. Dixon and James F. Nelson Jr. Nelson & Dixon, Dublin, for Jessup. Chester L. Cannon Jr., McRae, for Ray.
    for defendant:
    Case Number: A11A0985; A11A0986

    The trial court erred in finding that the pla lacked standing to file a renewal suit after she prevailed in magistrate court, defendants/counterclaimants appealed to superior court, and the pl

  • Campbell v. The Landings Ass'n Inc.

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Matthew M. Bush Duffy & Feemster, Savannah, for appellant.
    for defendant: Thornell Williams Jr. Ogletree Deakins Nash Smoak & Stewart PC and William P. Steinhaus, Atlanta, for appellee.
    Case Number: A11A0824

    The trial court did not err in granting summary judgment to the defendant on claims arising from its refusal to store the plaintiff's airboat at one of its marinas because there was no enforceable