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  • GSW Inc. v. The Dep't of Natural Resources

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Linwood R. Lovett, Paul R. Ayerbe and Bridgette M. Cooper Lovett, Cowart & Ayerbe LLC, Macon, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, and Devon A. Orland, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A01A1759

    O.C.G.A. § 50-13-19 h 1 allows a superior court to consider a claim raised in an administrative hearing that a statute is unconstitutional both on its face and as applied provided that the claim is

  • Mathis v. Orkin Exterminating Co. Inc.

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Arthur S. Archibald, Athens, for appellant.
    for defendant: . Andrew J. Hill III Blasingame, Burch, Garrard, Bryant & Ashley, Athens, and Christopher G. Conley, Blasingame, Burch, Garrard, Bryant & Ashley, Greensboro, for appellee.
    Case Number: A01A2114

    A non-solicitation clause prohibiting a former employee from engaging in the pest control business within a specified territory for two years following the termination of his employment with the pl

  • Kmart Corp v. Merriweather

    Publication Date: 2002-03-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James C. Grant, Nowell D. Berreth and Jeffrey J. Swart Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . John B. Levy and Michael Weinstock Weinstock & Scavo PC, Atlanta, for appellees.
    Case Number: A01A2298

    The Court could not consider defendants' challenge to the sufficiency of the evidence because they failed to include all of the evidence presented at trial in the appellate r

  • Hansen v. Cooper

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sarah M. Wayman, Atlanta, for appellant.
    for defendant: Ian R. Rapaport Chambers, Aholt & Rickard LLP, Atlanta, for appellee.
    Case Number: A01A1865

    The plaintiff failed to show that defendants had actual of constructive notice of an alleged water hazard in their yard caused by their allegedly defective sprinkler s

  • Mantooth v. American Nat'l Red Cross

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Richard L. Brittain and Wendell R. Bird Bird & Assocs., Atlanta, for appellant.
    for defendant: Alan M. Maxwell, Howard J. Russell Weinberg, Wheeler, Hudgins, Gunn & Dial, Scott P. Hilsen Nelson, Mullins, Riley & Scarborough, Atlanta, Robert L. Berry Jr. and Stephen B. Moseley Brinson, Askew, Berry, Seigler, Richardson & Davis, Rome, for appellees.
    Case Number: A01A2276

    The trial court did not abuse its discretion in opening defendant's default where defendant reasonably believed that the complaint was being handled pro

  • Focus Entertainment Int'l Inc. v. Partridge Greene Inc.

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Alan I. Begner, Cory G. Begner Begner & Begner PC, Atlanta, and Michael A. Prieto, Cartersville, for appellant.
    for defendant: . T. Michael Tennant, Elizabeth Bertschi and Daniel N. Esrey Alston & Bird, Atlanta, for appellee.
    Case Number: A01A2486

    An adult entertainment store had actual notice by rule nisi that an interlocutory hearing had been ordered on plaintiff's claim of breach of a restrictive covenant prohibiting the sale or display of

  • Owens v. DeKalb Med. Ctr. Inc.

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Larry E. Stewart, Lawrenceville, and Charles R. Adam III Adams & Adams, Macon, for appellant.
    for defendant: Karl M. Braun Hall, Booth, Smith & Slover PC, Steven D. Caley and Leigh M. Wilco Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellees.
    Case Number: A01A0964

    A jury question remained as to whether a senior living ty failed in its duty to exercise ordinary care for its resident who tripped and fell while attempting to exit a revolving door after the

  • BP Exploration & Oil Inc. v. Jones

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Gerald L. Mize Jr., George N. Mori, Douglas G. Scribner and Paul J. Kaplan Alston & Bird, Atlanta, for BP Exploration & Oil. Preyesh K. Maniklal, Hardy Gregory Jr., Gary C. Christy Gregory, Christy & Maniklal, Cordele, and Christopher N. Smith, Macon, for Jones. Other party representation: William D. Harrison Mozley, Finlayson & Loggins, Atlanta, and Luanne Clark Moore, Clarke, Duvall & Rogers PC, Albany.
    for defendant:
    Case Number: A01A1207; A01A1208

    A n l oil company was not vicariously liable for the plaintiff's injuries at an independently owned gas st

  • The ServiceMaster Co. LP v. Martin

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James C. Grant, Jeffrey J. Swart Alston & Bird, Chilton D. Varner and Robert D. Hays Jr. King & Spaulding, Atlanta, for Service Master. Francis X. Moore Byrne, Eldridge, Moore & Davis PC, Atlanta, for Martin.
    for defendant:
    Case Number: A01A1093; A01A1094; A01A1095

    The trial court should have dismissed plaintiff's tort claims arising out of his firing since the duties which his employer allegedly breached arose directly out of his written employment con

  • Bennett v. State

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James E. Friese, Cuthbert, for appellant.
    for defendant: . Charles M. Ferguson, District Attorney, Cuthbert, for appellee.
    Case Number: A01A1276; A01A1277

    Evidence that defendants were sitting in deer stands located in baited fields and that they were holding loaded rifles and wearing camouflage clothing without the fluorescent orange required of hunt