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  • Exum v. Melton

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Converse Bright, Valdosta, and William Q. Bird Bird, Ballard & Still, Atlanta, for appellant.
    for defendant: . Thomas S. Chambless and Charles K. Wainright II Watson, Spence, Lowe & Chambless, Albany, for appellees.
    Case Number: A00A0846

    Although venue vanished when plaintiffs dismissed the only resident defendant, the trial court retained jurisdiction to consider defendant's motion to dismiss due to insufficiency of service of pr

  • Oglethorpe Power Corp. v. Hartwell Energy Ltd. Partnership

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Kenneth T. Horton Jr. Autry & Horton LLP, Tucker, and William H. Hughes Jr. Alston & Bird, Atlanta, for appellant.
    for defendant: William H. Hughes Jr. Alston & Bird, Atlanta for appellee.
    Case Number: A00A0823

    Third party's sale of stock did not trigger defendant's right of first refusal under an ag t between plaintiff and defendant, since third party was not plaintiff's affiliate as defined in the a

  • Foster v. Ramsey

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Leonard Farkas Farkas & Ledford, Albany, for appellant.
    for defendant: William D. Moorhead III, Albany, for appellee.
    Case Number: A00A0465

    Decedent's husband's statements that he owned his wife's jewelry created an issue of credibility which the trial court could not rule upon on summary jud

  • Hodor v. GTE Mobilnet Inc.

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Gordon L. Joyner, Atlanta, for appellant.
    for defendant: Lisa H. Cassilly and Anne E. Lubell Alston & Bird LLP, Atlanta, for appellees.
    Case Number: A00A1270

    Supervisor's insensitive comments in front of plaintiff's co-workers, including a joke that plaintiff had to eat baby food, did not constitute extreme and outrageous beh

  • E-Z Serve Convenience Stores Inc. v. Crowell

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Michele L. Davis and Alan L. Newman Newman, Sapp & Davis, Atlanta, for appellant.
    for defendant: Herald J. A. Alexander Alexander Law Firm PC, Charles A. Mathis Jr., David F. Walbert and David N. Krugler Middleton, Mathis, Adams & Tate, Atlanta, for appellee.
    Case Number: A00A0225

    Ex-employee who gave convenience store owners notice of false alarm fines and was arrested for co s failure to pay those fines was entitled to punitive damages from co

  • Iero v. Mohawk Finishing Prods. Inc.

    Publication Date: 2000-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Steven A. Suna and Barry L. Zipperman Davis, Zipperman, Kirschenbaum & Lotito, Atlanta, for appellant.
    for defendant: Randall D. Grayson Alston & Bird, Atlanta, and David B. Ritter Altheimer & Gray, Chicago, Ill, for appellee.
    Case Number: A00A0570

    The fact that it would be inconvenient for a former employee of a New York business who is now a Georgia resident to litigate in New York did not render the forum selection clause in his employment

  • Markowitz v. Wieland

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William J. McKenney McKenny & Froelich, Robb E. Hellwig and Richard R. Hays Alston & Bird, Atlanta, for appellant.
    for defendant:
    Case Number: A99A1888, A99A1889

    Since plaintiffs chose to affirm a purchase and sale contract which included a merger clause and a disclaimer provision, they could not claim that they relied on the sellers' alleged misrepresenta

  • Abend v. Klaudt

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lori G. Baer and Candice Stone Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . David A. Sleppy and Dennis T. Cathey Cathey & Strain, Cornelia, for appellees. Other party representation: Robert G. Tanner and Johnathan T. Krawcheck Long, Weinberg, Ansley & Wheeler, Atlanta.
    Case Number: A99A1862

    The 5-year statute of repose in O.C.G.A. § 9-3-71 b does not bar a foreign object medical malpractice action that is timely filed within the 1-year limitation period for that type of

  • Jay v. The Christian Methodist Episcopal Church

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey L. Pombert Bird & Assocs. PC, Atlanta, for appellant.
    for defendant: Stanley E. Foster and Mark W. Wortham Arrington & Hollowell, Atlanta, for appellee.
    Case Number: A99A2391

    The trial court lacked jurisdiction to decide a pastor's claim that his bishop violated their c s Book of Discipline when he transferred the pastor to another c

  • Watts v. Promina Gwinnett Health Sys.

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Jerome J. Froelich Jr., David M. Kupsky McKenney & Froelich, William R. Reece III Spix, Krup & Reece, Atlanta, Ellen M. Doyle and Richard A. Finberg, Pittsburgh, Pa., for appellant.
    for defendant: Robert G. Tanner Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellees. Other party representation: Robert D. McCallum Jr. Alston & Bird, Atlanta, and David S. Snyder, Pittsburgh, Pa.
    Case Number: A00A0368

    Plaintiff who voluntarily paid hospital's lien for treatment of her car accident injuries could not complain that the hospital charged more than allowed under its agreement with her health in