Filter This View

  • DeVente v. Flora

    Publication Date: 2009-09-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Frederick D. Burkey, Atlanta, for appellant.
    for defendant: . Allen W. Bodiford, Stockbridge, for appellee.
    Case Number: A09A1166

    Under O.C.G.A. § 19-7-1 c 1 & 2, the minor decedent's posthumously born child had the exclusive right to pursue a wrongful death claim for her father's hom

  • Stidham v. State

    Publication Date: 2009-09-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Steven M. Harrison Public Defender's Office, Eastman, for appellant.
    for defendant: Timothy G. Vaughn, District Attorney, and Jason O. Waters District Attorney's Office, Eastman, for appellee.
    Case Number: A09A1456

    Both of the co-defendants implicated the defendant in the burglaries in question, corroborated each other's test and the victims corroborated their test

  • McKissick v. S. O . A. Inc.

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Waymon S. Harrell, Perry, for appellant.
    for defendant: Stephen N. Hollomon, Warner Robins, for appellees.
    Case Number: A09A1240

    Genuine issues of material fact remained as to probable cause and malice in the plaintiff's suit alleging malicious prosecution and malicious arrest, arising after he was arrested for allegedly orde

  • Order Homes LLC v. Iverson

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Clay S. O'Daniel Moore, Ingram, Johnson & Steele LLP, Marietta, and Ronald A. Williamson Shapiro, Fussell, Wedge & Martin LLP, Atlanta, for appellant.
    for defendant: . Kurt R. Hilbert The Hilbert Law Firm, Neil L. Wilcove Freeman, Mathis & Gray LLP, David F. Root Carlock, Copeland & Stair LLP, Brian W. Burkhalter, Stephen Michael Schatz Swift, Currie, McGhee & Hiers, Atlanta, Eric D. Cochling Hutto & Cochling, and C. David Joyner, Buford, for appellees.
    Case Number: A09A0931

    The parties agreed to submit all construction defect claims and ' "all other claims between the parties" ' arising out of the construction of the plaintiffs' new home to arbitr

  • 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