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  • Taylor v. Howren

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William M. Akin Akin & Tate LLC, Cartersville, for appellant.
    for defendant: William H. Major III Hawkins & Parnell, Atlanta, for appellee.
    Case Number: A04A2280

    The plaintiff did not as a matter of law assume the risk of his injuries while riding a where the defendant allegedly told him the "green broke" was a "good, rideable"

  • Georgia Elec. Membership Corp. v. Garnto

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: S. Lester Tate III Akin & Tate, Cartersville, for appellant.
    for defendant: Bobby T. Jones Jones & Smith PC, Metter, and Samantha J. Poppell Hall & Kirkland, Statesboro, for appellee. Other party representation: Scott C. Crowley and Terry A. Dillard Dillard, Bower & Crowley, Waycross.
    Case Number: A03A2451

    The employer failed to present any evidence showing that its injured employee was fully and completely compensated when he settled his third-party tort action for damages arising out of an automobil

  • Grange Mut. Cas. Co. v. Kay

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William A. Myers Myers & Stroberg, Gainesville, for Grange Mut. Cas. Co. Stephen C. Carter, Hartwell, for Kay.
    for defendant:
    Case Number: A03A1334; A03A1335

    The trial court erred in awarding prejudgment interest beginning from the date the probate court "could" have approved the settlement agreement at issue rather than the date the probate court issued

  • In the Interest of A. L. S. S., a child

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brantley J. Swindell McCullough & Swindell, Glennville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, and Sherri P. McDonald Newtton, Smith, Durden, Kaufold & Rice, Vidalia, for appellee. Other party representation: Carol B. Miller, Pembroke.
    Case Number: A03A0953

    The putative father's criminal conviction, his near continuous incarceration during the child's life and his failure to comply with reunification plans supported the termination of his parental r

  • AutoNation Fin. Servs. Corp. v. Arain

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Chloe E. Dallaire Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, Daniel F. Katz, Suzanne H. Woods and Beth A. Levene Williams & Connolly, Washington D.C., for appellant.
    for defendant: Bruce F. Morriss Morriss, Lober & Dobson LLC, and Sidney L. Moore Jr., Atlanta, for appellee.
    Case Number: A03A1332

    The defendant finance company could rely on arbitration clause in installment sales contract that was signed by plaintiff and third party car dealership since finance company and dealership were sue

  • State v. Williams

    Publication Date: 2003-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Philip C. Smith, Penny A. Penn, District Attorneys, Sandra A. Partridge and James A. Dunn, Assistant District Attorneys, Cumming, for appellant.
    for defendant: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellee.
    Case Number: A03A1664

    The arresting officer did not unreasonably expand the scope or duration of a valid traffic stop by running computer checks to determine the status of the fendant's license and whether either th

  • Summers v. State

    Publication Date: 2003-10-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: William E. Whitaker, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Lawton W. Scott, Assistant District Attorney, Canton, for appellee.
    Case Number: A03A1882

    Defendant's prior convictions for 33 counts of financial identity fraud did not bar his prosecution for two additional counts, even though all the crimes arguably arose from the same course of co

  • Houston v. Bedgood

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William P. Eiselstein Miller & Martin, Edward R. Still Ballard & Still LLP, Atlanta, and Jeffrey Zager Miller & Martin LLP, Nashville, Tenn., for appellant.
    for defendant: . William F. Jourdain, John R. McCown, Jonathan Bledsoe Minor, Bell & Neal PC, Dalton, for appellee. Other Party Representation: H. Andrew Owen Jr., Amy J. Kolczak Owen, Gleaton, Egan, Jones & Sweeney LLP, Thomas E. Magill, Atlanta, and Warren N. Coppedge Jr. Coppedge & Leman PC, Dalton.
    Case Number: A03A1933

    The physician who issued a DOT Medical Examiner's Certificate certifying that his patient was physically fit to operate a commercial vehicle owed no duty of care to the decedent when the patient die

  • Summers v. State

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: William E. Whitaker, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Lawton W. Scott, Assistant District Attorney, Canton, for appellee.
    Case Number: A03A1882

    Defendant's prior convictions for 33 counts of financial identity fraud did not bar his prosecution for two additional counts, even though all the crimes arguably arose from the same course of co

  • West Coast Cambridge Inc. v. Rice

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: S. Wade Malone Andre & Blaustein LLP, Atlanta, and Robert C. Brand Jr. Page, Scrantom, Sprouse, Tucker & Ford, Columbus, for appellant.
    for defendant: . Richard A. Childs, Columbus, for appellee.
    Case Number: A03A0813

    The trial court should have applied the lesser degree of scrutiny applicable to covenants, which are ancillary to the sale of a business in reviewing a non-compete agreement, which the plaintiff si