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  • Moses v. Pennebaker

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stephen M. Katz The Katz Law Group, Marietta, for appellants. Jay D. Bennett, Nowell D. Berreth, and Daniel C. Norris Alston & Bird LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A11A0839

    Evidence that one member took control of LLC, managed it unilaterally and without authority, and set up a competing company, supported trial court's award of damages to LLC's other member on his cl

  • Lewis v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Michael L. Brown, Bernard Taylor Alston & Bird, and Angela Adams, Atlanta, for appellant. Robert D. James Jr., District Attorney, John S. Melvin, Deputy Chief Assistant District Attorney, Deborah D. Wellborn, Michael S. Carlson, Assistant District Attorneys, Decatur, and Rhani M. Lott Hunton & Williams LLP, Atlanta, for appellee. Other party representation: Brenda J. Bernstein The Bernstein Firm PC, Charles T. Brant, Atlanta, and John H. Petrey, Decatur.
    for defendant:
    Case Number: A11A0859

    The trial court abused its discretion in disqualifying an attorney and law firm from continued representation of the defendant in a criminal matter because the firm also represented the employer of

  • Farm Credit of Northwest Fla. ACA v. Easom Peanut Co.

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Nowell D. Berreth, Lisa R. Bugni and Todd R. David Alston & Bird, Atlanta, for appellant. Christina L. Folsom, William P. Langdale Jr. Langdale & Vallotton LLP, Valdosta, David A. Kendrick Floyd & Kendrick LLC, Bainbridge, Patrick S. Flynn, Albany, C. Edwin Rude Jr., Tallahassee, Fla., and Ernest A. Sellers Jr., Gainesville, Fla., for appellees.
    for defendant:
    Case Number: A11A0816

    The trial court erroneously found that the peanut growers' reserved security interest in peanut crops had priority over the lending association's security interest until such time as the peanut brok

  • Fundus America Atlanta Ltd. Partnership v. RHOC Consolidation LLC

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John C. Weitnauer, William C. Massey, Candace N. Smith, Meaghan G. Boyd Alston & Bird, Richard L. Robbins, Alexa R. Ross, and Jason Alloy RobbinsFreed, Atlanta, for appellant. Michael B. Terry, Timothy S. Rigsbee, and Ronan P. Doherty Bondurant, Mixson & Elmore, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1496

    A lease assignment agreement incorporating an estoppel certificate and containing an integration clause foreclosed the landlord's breach of contract claims, as a party can agree to be estopped under

  • First Media Group Inc. v. Doe

    Publication Date: 2011-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: David H. Flint, Mark W. Forsling Schreeder Wheeler & Flint LLP, and Jay D. Bennett Alston & Bird, Atlanta, for appellant. Lance A. Cooper, Marietta, and Robert K. Finnell, Rome, for appellee.
    for defendant:
    Case Number: A11A1248

    Because the p ff did not have actual notice of the trial court's intended disposition of the defendant's summary judgment motion, she was entitled to voluntarily dismiss her comp

  • Farm Credit of Northwest Fla. ACA v. Easom Peanut Co.

    Publication Date: 2011-09-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Nowell D. Berreth, Lisa R. Bugni and Todd R. David Alston & Bird, Atlanta, for appellant. Christina L. Folsom, William P. Langdale Jr. Langdale & Vallotton LLP, Valdosta, David A. Kendrick Floyd & Kendrick LLC, Bainbridge, Patrick S. Flynn, Albany, C. Edwin Rude Jr., Tallahassee, Fla. and Ernest A. Sellers Jr., Gainesville, Fla., for appellees.
    for defendant:
    Case Number: A11A0816

    The trial court erroneously found that the peanut growers' reserved security interest in peanut crops had priority over the lending association's security interest until such time as the peanut brok

  • Oglethorpe Power Corp. v. Forrister

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Hugh B. McNatt McNatt Greene & Peterson, Vidalia, and Natalie M. Beasmen, Atlanta, for appellant.
    for defendant: . Michael D. McRae and Jason B. Sanker McRae, Stegal, Peek, Harman, Smith & Manning, Cedartown, for appellees. Other party representation: Steven T. Minor Tisinger, Tisinger, Vance & Greer, Carrollton, Charles T. Autry, Roland F. Hall Autry Horton & Cole LLP, Tucker, Peter M. Degnan and Jonathan E. Wells Alston & Bird LLP, Atlanta.
    Case Number: A09A2015

    Because the noise emanating from the exhaust stacks resulted from the essential method of the power plant's operation, the neighbors were limited to filing one cause of action for the recovery of p

  • Strength v. Lovett

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: James E. Ellison Burnside, Wall, Daniel & Ellison, Augusta, for appellant.
    for defendant: Richard W. Hendrix Finch McCranie LLP, Atlanta, and Randolph Frails, Augusta, for appellees.
    Case Number: A11A0672

    The case was remanded for the trial court to address cause in fact, since the county sheriff properly raised the question of whether a driver, who was fleeing a traffic stop, might still have caused

  • Georgia Dep't of Revenue v. Trawick Constr. Co. Inc.

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Warren R. Calvert, Senior Assistant Attorney General, and Lourdes Gonzalez, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Robert G. Brazier and Michael S. Evans Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Atlanta, for appellee. Other party representation: Timothy J. Peaden Alston & Bird, Atlanta.
    Case Number: A08A2323

    The gain from a sale of one company to another was excluded from Georgia taxable income, because O.C.G.A. § 48-7-21 applies only to elections made by corporate tax payers and the § 338 h 10 electio

  • Andrade v. Grady Mem'l Hosp. Corp.

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lindsay R. Jones, Decatur, for appellant.
    for defendant: Bernard Taylor and Sean A. Simmons Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A10A1869

    The plaintiffs failed to state a claim that a hospital violated a duty of care not to wrongfully abandon the medical tre it provided them because their complaint failed to allege that their tr