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  • 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

  • Frazier v. State

    Publication Date: 2009-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Bernard S. Brody, Atlanta, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and John S. Helton, Assistant District Attorney, Dalton, for appellee.
    Case Number: A09A0418

    Defense counsel was deficient for failing to object to the admissibility of the defendant's custodial statement, which officers obtained in violation of his Miranda rights, after the defendant repea

  • Kim v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and William C. Akins, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A1466

    The prosecutor did not solicit the accomplice's testimony, which identified the defendant as a gang m

  • Hicks v. Heard

    Publication Date: 2009-05-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Steven K. Leibel, Dahlonega, for appellant.
    for defendant: Render C. Freeman, Michael J. Blakely Jr. Anderson, Tate & Carr PC, Lawrenceville, and Jeffrey P. Yashinsky Shur, McDuffie & Morgan, Atlanta, for appellees.
    Case Number: A09A0874

    A part-time as-needed employee's prior speeding citation and involvement in a prior minor accident was insufficient to establish her incompetence or a pattern of reckless dr

  • Airport Auth. of the City of St. Marys Ga. v. City of St. Marys

    Publication Date: 2009-05-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James E. Stein, St. Marys, for appellant.
    for defendant: Amanda B. Blackledge City of St. Marys, for appellee.
    Case Number: A09A0786

    The appellant's ai least with the city obligated the appellant to heed the city's directives, including the city's resolution to pursue relocation of the ai