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  • Dalton Paving & Constr. Inc. v. South Green Constr. of Ga. Inc.

    Publication Date: 2007-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: W. Henry Parkman, Frank D. LoMonte Sutherland, Asbill & Brennan LLP, Atlanta, and James H. Phillips McCamy, Phillips, Tuggle & Fordham, Dalton, for Dalton Paving. William D. Flatt, Bart W. Reed, Erik B. Seeney Hendrick, Phillips, Salzman & Flatt, Brian R. Neary, Melissa C. Patton Webb, Zschunke, Miller & Dikeman LLP and Stanley K. Kreimer Jr., Atlanta, for South Green Construction. Other party representation: Robert T. Strang III and Daniel J. Huff Huff, Powell & Bailey LLC, Atlanta.
    for defendant:
    Case Number: A06A2414; A06A2415

    Res judicata barred the plaintiff's s, because the arbitrator expressly denied the s, which the plaintiff raised in a prior arbitration, and the plaintiff should have asserted the remainin

  • Monterey Community Council v. DeKalb County Planning Commission

    Publication Date: 2006-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Susan M. Garrett, Decatur, for appellant.
    for defendant: . Melanie F. Wilson, Eugene C. Reed, Assistant County Attorneys, Decatur, Mark. W. Forsling, David H. Flint Schreeder, Wheeler & Flint, Atlanta, and Robert A. Burroughs Burroughs & Keene LLC, Lithonia, for appellee.
    Case Number: A06A1366

    The trial court erred in relying upon an ordinance, which was not properly included in the record, to conclude that a writ of certiorari was the appropriate method of judicial review of the Planning

  • Cieplinski v. Caldwell Elec. Contractors Inc.

    Publication Date: 2006-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John D. Steel Matthews & Steel, Atlanta, and Douglas P. McManamy, Savannah, for appellant.
    for defendant: David F. Root, Carlock, Copeland, Semler & Stair LLP, John C. Cheshire Carr, Tabb, Pope & Freeman LLP, Atlanta, Mark W. Wortham Hicks, Casey, Barber PC, Marietta, and J. Douglas Stewart Stewart, Melvin & Frost, Gainesville, for appellees. Other party representation: Brian M. Leepson Swift, Currie, McGhee & Hiers, Atlanta.
    Case Number: A06A0596

    The intervening negligence of the plaintiff's employer was the sole proximate cause of his injury and broke any legally sufficient causal connection between the third-party tortfeasor defendants' al

  • Malice v. Coloplast Corp.

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Allen I. Hirsch and Debra M. Buster Arnall, Golden & Gregory, Atlanta, for appellant.
    for defendant: LeRoy P. Spell Jr. Welch, Spell, Reemsnyder, Pless & Davis PC, Atlanta, for appellee.
    Case Number: A05A1983

    The arbitrator did not manifestly disregard the law in determining that the non-compete and non-solicit covenants in the defendant's executive employment agreement were reasonable and enforc

  • Smith v. State

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Richard Phillips and Joseph C. Kitchings Phillips & Kitchings, Ludowici, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Lewis M. Groover Jr., Chief Assistant District Attorney, Hinesville, for appellee.
    Case Number: A05A2020

    The defendant was entitled to a directed verdict on a charge that he possessed cocaine with the intent to distribute, since the state failed to present evidence showing a connection between the defe

  • Patterson v. State

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: George H. Law III Whitmer & Law, Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, Gregory E. Radics, Assistant District Attorney, Gainesville, and Lee Darraugh, District Attorney, Dawsonville, for appellee.
    Case Number: A05A2100

    Smith v. State, 257 Ga. App. 88, 92 4 & 5 570 SE2d 400 2002 is overruled to the extent that Smith allows an expert to give an opinion on a witness's credibility or to express an opinion on the u

  • Kace Invs. LP v. Hull

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: William A. Trotter III, Warren D. Evans William A. Trotter III PC, William J. Williams Johnston, Wilkin & Williams, Augusta, John K. Larkins Jr. and Thomas D. Bever Chilivis, Cochran, Larkins & Bever, Atlanta, for appellant.
    for defendant: John B. Long and A. Montague Miller Tucker, Everitt, Long, Brewton & Lanier PA, Augusta, for appellees. Other party representation: Robert C. Hagler, James W. Purcell Fulcher, Hagler, Reed, Hanks & Harper, and William M. Fleming, Augusta.
    Case Number: A05A2014

    The defendants were entitled to amend their counterclaim, since claims remained pending after the remittitur was returned to the trial court following an appeal on cross motions for summary judgment

  • Hewell v. State

    Publication Date: 2006-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Frank K. Martin, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and William D. Kelly Jr., Assistant District Attorney, Columbus, for appellee.
    Case Number: A05A1787

    The defendant waived his right to appeal on speedy trial grounds when he pled guilty to armed robbery aggravated assault and a firearms of

  • Reed v. AutoZone Stores Inc.

    Publication Date: 2006-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: George G. Dean II, Buford, for appellant.
    for defendant: Edward M. Newsom Smith Moore LLP, Atlanta, for appellee.
    Case Number: A05A1933

    The trial court erred in sustaining the defendant's objections to hypothetical questions, which the plaintiff's expert answered during his deposition, since the evidence supported the assumed

  • Jones v. State

    Publication Date: 2005-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Reed Edmondson Jr., Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, and Melanie B. McCrorey, Assistant District Attorney, Covington, for appellee.
    Case Number: A05A1586

    The state's misconduct in failing to timely produce a photographic lineup was harmless, since the defendant produced other evidence showing that the robbery victim was unable to identify him as a pe