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  • 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
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    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
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    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

  • West Coast Cambridge Inc. v. Rice

    Publication Date: 2003-07-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert C. Brand Jr. Page, Scrantom, Sprouse, Tucker & Ford, Columbus, and S. Wade Malone Andre, Blausten & Green LLP, Atlanta, 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

  • Thompson v. State

    Publication Date: 2003-07-11
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gerald R. Akin, Columbus, for appellant.
    for defendant: . John G. Conger, District Attorney, and Margaret E. Bagley, Assistant District Attorney, Columbus, for appellee.
    Case Number: A03A0521

    Defendants' infant daughter had multiple fractures which neither defendant could ex

  • Hill v. Paluzzi

    Publication Date: 2003-05-23
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Hayes M. Dever and Patricia J. Duffy Friedman, Dever & Merlin LLC, Atlanta, for appellant.
    for defendant: . Gregg Loomis, Atlanta, for appellees.
    Case Number: A03A0213

    A monetary payment provided for in a consent decree between a developer and a group of condominium owners was not enforceable through contempt procee

  • DeKalb County v. DRS Invs. Inc.

    Publication Date: 2003-03-28
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Charles G. Hicks, County Attorney, William J. Linkous III and Scott D. Bennett, Assistant County Attorneys, Decatur, for appellant.
    for defendant: David H. Flint, Mark W. Forsling and Jason W. Graham Schreeder, Wheeler & Flint LLP, Atlanta, for appellee.
    Case Number: A02A2051

    Neither the ordinance delineating the role of the county attorney, nor the plaintiff's inquiry of the attorney regarding his authority to negotiate and authorize the terms of a consent order yielded

  • Hamilton v. Henderson

    Publication Date: 2003-03-14
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: R. Stephen Sims Barrow & Sims PC, Savannah, for appellant.
    for defendant: Robert P. Killian Killian & Boyd PC, Brunswick, for appellee.
    Case Number: A03A0874

    The trial court properly directed a verdict for the plaintiff on the issue of comparative negligence where the defendant was per se negligent in failing to yield the right-of-way and there was no e

  • Wise Moving & Storage Inc. v. Rieser-Roth

    Publication Date: 2003-03-14
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bruce E. Mitchell and Brendan L. Henry Mitchell & Assocs., Atlanta, for appellant.
    for defendant: Dorothy R. Kenefick, Roswell, proceeded pro se.
    Case Number: A03A0711

    A default judgment, awarding actual and punitive da to the plaintiff, could not stand where the record did not clearly show that the trial court held a hearing on the amount of da

  • Jackson v. State

    Publication Date: 2003-03-14
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael S. Bennett Jr. Bennett Law Firm, Valdosta, for Roddrick Jackson. Terry L. Schwock, Valdosta, for Brian Jackson. J. David Miller, District Attorney, and Bradfield M. Shealy, Assistant District Attorney, Valdosta, for appellee.
    for defendant:
    Case Number: A02A2238, A02A2239

    Defendants' accomplice identified them as the masked men who robbed a convenience a store and identified the first defendant as the g