• Trax-Fax Inc. v. Hobba

    Publication Date: 2006-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Donald M. Shivers Shivers & Assocs., Alpharetta, for appellant.
    for defendant: . S. Lester Tate III Akin & Tate and William F. Kelley The Kelley Law Firm, Cartersville, for appellee. Other party representation: Lee Southwell State Bd. of Workers' Comp., Atlanta.

    Case Number: A06A0397

    The any evidence standard did not apply to the superior court's legal interpret of O.C.G.A. § 34-9-245 as a statute of repose, rather than as a statute of limit

  • Young v. Oak Leaf Builders Inc.

    Publication Date: 2006-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Leon A. Van Gelderen and Stephen M. Levinson Leon Van Gelderen PC, Atlanta, for appellant.
    for defendant: . Larry E. Stewart, Lawrenceville, for appellees.

    Case Number: A05A1920

    A factual question remained as to whether the plaintiffs intended to waive their right to demand workmanlike performance on the construction of their new home when they proceeding with the closing,

  • Thornton v. Mankovitch

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James T. McDonald Jr. and Jamie P. Woodard Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: . Roy B. Roberts, Marietta, for appellees.

    Case Number: A05A2003

    The plaintiff lacked standing to sue, since the Chapter 7 bankruptcy trustee's settlement of the estate resulted in the corporation becoming de

  • Rucker v. State

    Publication Date: 2005-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Anthony S. Carter, Monroe, and John T. Strauss, Newton County Pub. Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Candace K. Slezak, Assistant District Attorney, Monroe, for appellee.

    Case Number: A05A1743

    The known but untested informant did not provide any information concerning the defendant's future behavior to support the officer's traffic

  • Fitz v. State

    Publication Date: 2005-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stephen P. Harrison Harrison & Harrison, and Jacqualine M. Magistro-Hyde, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Atha H. Pryor, Assistant District Attorney, McDonough, for appellee.

    Case Number: A05A0974

    The officer had probable cause to continue questioning the defendant based on his extreme nervousness and the conflicting and odd answers to the officer's ques

  • Metzger v. Americredit Fin. Servs. Inc.

    Publication Date: 2005-06-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jerome Lee Hernan, Taylor & Lee, Roswell, for appellant.
    for defendant: Craig B. Lefkoff Lefkoff, Rubin & Gleason PC, Atlanta, for appellee.

    Case Number: A05A0577

    The defendant was not entitled to summary judgment on the plaintiff's conversion claim based on its repossession of a vehicle, which the plaintiff bought without notice of the defendant's prior lien

  • Danjor Inc. v. Corporate Constr. Inc.

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles F. Peebles, Norcross, Blakely H. Frye and Peter F. Schoenthaler Hill, Kertscher & Wharton LLP, Atlanta, for appellant.
    for defendant: . Samuel P. Pierce Jr., Roswell, and Tracy A. O'Connell Ellis, Painter, Ratterree & Bart LLP, Savannah, for appellees.

    Case Number: A05A0059

    The 6-year statute of limitation under O.C.G.A. § 9-3-24 applied to the plaintiffs' suit alleging that the contractor failed to make all repairs to their daycare center as required under a 1-year bu

  • Metzger v. Americredit Financial Servs. Inc.

    Publication Date: 2005-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jerome Lee Hernan, Taylor & Lee, Roswell, for appellant.
    for defendant: Craig B. Lefkoff Lefkoff, Rubin & Gleason PC, Atlanta, for appellee.

    Case Number: A05A0577

    The defendant was not entitled to summary judgment on the plaintiff's conversion claim based on its repossession of a vehicle, which the plaintiff bought without notice of the defendant's prior lien

  • Lenhardt v. State

    Publication Date: 2005-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Earl D. Clark Jr., Athens, for appellant.
    for defendant: Robert Stokely, Solicitor General, Seay VanPatten-Poulakos, Chief Assistant Solicitor, Monica N. Hamlett, Assistant Solicitor, and Sandra N. Wisenbaker Coweta County Solicitor's Office, Newnan, for appellee.

    Case Number: A04A2099

    The arresting officer acted reasonably in refusi defendant's request for an independent blood test at a hospital in downtown Atlanta, given the significant time and distance involved in travel

  • Carswell v. Oconee Reg'l Med. Ctr. Inc.

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Donald R. Oulsnam, Milledgeville, and Travis M. Trimble, Athens, for appellant.
    for defendant: Thomas W. Huyck, Stephen L. Dillard and Thomas C. James III James, Bates, Pope & Spivey, Macon, for appellee.

    Case Number: A04A1311

    The statute of limitation began to run following a doctor's first breach of a divisible guaranteed monthly income con