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  • Boyd v. Robinson

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William J. Mueller, Atlanta, for appellant.
    for defendant: George E. Duncan Jr. and Jennifer C. Adair Duncan & Adair PC, Atlanta, for appellees.
    Case Number: A09A1681

    The plaintiff was able to voluntarily dismiss his original law suit and use the renewal statute to ' "nurse the cause of action into full life," ' five years after expiration of the statute of limi

  • Paramount Tax & Accounting LLC v. H & R Block E. Enters. Inc.

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mark W. Alexander and Jennifer I. Robertson Stewart, Melvin & House, Gainesville, for appellant.
    for defendant: . J. Matthew Maguire Jr., Robert F. Glass Balch & Bingham LLP, Atlanta, and David M. Kight Spencer, Fane, Britt & Browne LLP, Kansas City, Mo., for appellee.
    Case Number: A09A1542

    The noncompetition clause in a former employee's employment agreement was invalid and unenforceable as a matter of law for lack of proper territorial l

  • James-Dickens v. Petit-Compere

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sarah C. Cipperly Cobb County Legal Aid, Marietta, for appellant.
    for defendant: John C. Barrett Puch, Barrett, Canale & Leslie LLC, Marietta, for appellee.
    Case Number: A09A1617

    The mother was entitled to a hearing on the father's failure to pay child support after expiration of the underlying protective order, which provided for the support in que

  • Encompass Inc. Co. of Amer. v. Friedman

    Publication Date: 2009-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Carrie O. Lowe and Melissa C. Patton Webb, Zschunke, Miller & Dikeman LLP, Atlanta, for appellant.
    for defendant: Jeffrey S. Vaughan Royal & Vaughn, and Eugene C. Brooks IV, Savannah, for appellee.
    Case Number: A09A0144

    The plaintiff failed to file her suit for breach of contract, bad faith and bad faith attorneys' fees, arising after water damage and mold infested air ducts and walls of her home as the result of m

  • Corey v. Clear Channel Outdoor Inc.

    Publication Date: 2009-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mairen C. Kelly, Matthew R. Simpson and Griffin B. Bell Jr. Fisher & Phillips, Atlanta, for appellant.
    for defendant: . John W. Harbin, W. Ray Persons King & Spalding,Damon J. Whitaker, John T. Marshall, Eric P. Schroeder Powell Goldstein LLP and William V. Custer IV Bryan Cave LLP, Atlanta, for appellees. Other party representation: Michael J. Bowers and J. Matthew Maguire Jr. Balch & Bingham, Atlanta.
    Case Number: A09A0304; A09A0005; A09A0306

    The trial court properly dismissed the defendant's counterclaim, since the non-competition clause in the parties' purchase agreement did not create an implied duty on the buyer's part to refrain fro

  • Fielding v. State

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Sherry T. Barnes, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A09A1657

    The defendant's convictions for robbery and kidnapping involved a common plan, which occurred over less than one month in the same c

  • Jordan Jones and Goulding Inc. v. Newell Recycling of Atlanta Inc.

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Joseph C. Staak and Robert O. Fleming Jr. Smith, Currie & Hancock LLP, Atlanta, for appellant.
    for defendant: H. Fielder Martin and Stephen G. Lowe Shapiro, Fussell, Wedge, Smotherman & Martin, Atlanta, for appellee.
    Case Number: A09A1397

    The applicable 4-year statute of limitation period for professional malpractice claims barred the plaintiff's breach of contract suit for defects in an automobile shredding facility, which the defen

  • DuPree v. South Atlantic Conference of Seventh Day Adventists Inc.

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard S. Alembik, Decatur, for appellant.
    for defendant: Donna J. Salem Salem & Wong and Wendell K. Willard, Atlanta, for appellees.
    Case Number: A09A0722

    A factual questioned remained as to whether the defendant waived its right to object to plaintiff's failure to make a second earnest money deposit 10 days before the scheduled cl

  • Artis v. State

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David S. West West & Corvelli, Marietta, for appellant.
    for defendant: Gwendolyn K. Fleming,, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, and Deborah D. Wellborn District Attorney's Office, Decatur, for appellee.
    Case Number: A09A1377

    The firearms discovered in a vehicle in which the defendant was a passenger was admissible as part of the res g

  • Allen v. State

    Publication Date: 2009-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, and Leon Jourolmon, Assistant District Attorney, Elberton, for appellee.
    Case Number: A09A1541

    The state gave race-neutral reasons for striking six African American prospective j