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   State Courts - Georgia - May 29, 2007

  
Bonner Roofing & Sheet Metal Co. v. Karsman, A07A0597, A07A0598, COURT OF APPEALS OF GEORGIA, May 29, 2007, Decided
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Overview: An attorney was properly granted summary judgment in a legal malpractice suit as to an issue of whether he inadequately drafted a lien as the lien foreclosure action was filed by other counsel, who failed to comply with the notice requirement of O.C.G.A. § 44-14-361.1(a), which made the adequacy of the legal description in the lien irrelevant.

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Johnson v. State, A07A0659., COURT OF APPEALS OF GEORGIA, May 29, 2007, Decided
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Overview: Without evidence that counsel did anything more than request a mistrial upon an improper character reference, specifically, request a curative instruction, no error resulted from the denial of said motion. But, because the court retained discretion under O.C.G.A. § 17-10-7(c) to sentence defendant, remand was ordered for resentencing.

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McCaskell v. State, A07A0744., COURT OF APPEALS OF GEORGIA, May 29, 2007, Decided
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Overview: Because the aggravated assault with a rope and kidnapping with bodily injury offenses did not merge, as one crime was completed before the other took place and the crimes were established by separate and distinct facts, and giving the jury written definitions of the crimes charged was not reversible error, said convictions were upheld on appeal.

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Thomas v. Medical Ctr. of Cent. Ga., A07A0492, COURT OF APPEALS OF GEORGIA, May 29, 2007, Decided
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Overview: A medical center was properly granted partial summary judgment as to an administrator's claims of nursing malpractice since the amended complaint alleging such claims was not filed within the two year statute of limitation period set forth in O.C.G.A. § 9-3-33, and the expert affidavit attached to the complaint did not address nursing negligence.

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