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  • Hamburger v. PFM Capital Management Inc.

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert D. Howell, Moultrie and O. Wayne Ellerbee, Valdosta, for appellant.
    for defendant: Stephen E. Hudson Kilpatrick Stockton LLP, Atlanta, for appellee.
    Case Number: A07A0694

    The applicable statutes of limitation barred the plaintiff's breach of contract, breach of fiduciary duty and fraud c

  • Bolden v. Ruppenthal

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Allen W. Bodiford, Stockbridge, for appellant.
    for defendant: James T. McDonald Jr., James C. Fox II Swift, Currie, McGhee & Hiers LLP, and Elizabeth J. Bondurant Carter & Ansley, Atlanta, for appellees.
    Case Number: A07A0591

    The trial court violated required procedures for bifurcation in a case involving punitive damages and the bifurcation unfairly limited topics on which the plaintiff could cross-examine defense witne

  • Pittman v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Robert Stokely, Solicitor General, Sandra N. Wisenbaker Solicitor's Office, Newnan, and Amy B. GodfreyLaw Office of Daniel M. King Jr., Dublin, for appellee.
    Case Number: A07A1648

    The Court of Appeals affirmed the denial of defendant's motion to suppress evidence, since it could not review evidentiary matters critical to the motion without the jury trial trans

  • Davis v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Carl J. Spence, Lawrenceville, for appellant.
    for defendant: Rosanna M. Szabo, Solicitor, and Liza M. Moultrie Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A07A1356

    Two breath tests taken 11 minutes apart were taken sequentially for the purposes of O.C.G.A. § 40-

  • Hendry v. Wells

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Vincent T. Gresham, Atlanta, and Christopher J. McFadden, Decatur, for Hendry and others. Thomas T. Tate Andersen, Tate, Mahaffey & McGarity PC, Lawrenceville, James K. Quillian, Merle R. Arnold III and William M. Droze Troutman Sanders for Wells and others.
    for defendant:
    Case Number: A07A0059; A07A0060

    A limited partner may bring a claim against a partne where the primary injury alleged is to the individual plaintiffs, rather than the partne

  • Baker v. Merrill Lynch Trust Co. FSB

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, John B. Ballard Jr. and Grace E. Lewis, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: C. Fred Reeves, W. Allen Separk, Marietta, and Patricia D. Friedman, Atlanta, for appellees.
    Case Number: A07A0404

    The trial court erred in declining to apply O.C.G.A. § 53-12-113's cy pres doctrine-providing that ' "if a valid charitable bequest, trust, or gift cannot be executed in the exact manner provided by

  • Cochran Mill Assocs. v. Stephens

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gus H. Small Jr., Kevin T. O'Sullivan Cohen, Pollock, Merlin, Axelrod & Small PC, and Kelly S. Scarbrough Lord, Bissell & Brook, Atlanta, for appellant.
    for defendant: David W. Davenport and Keith A. Pittman Lamar, Archer & Cofrin LLP, Atlanta, for appellee.
    Case Number: A07A0061

    The plaintiff's partners were sophisticated business persons, who were clearly put on notice of their former managing partner's alleged mismanagement of a general real estate partnership formed to p

  • Vito v. Inman

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard A. Hull, Macon, for Vito. James T. McDonald Jr. and James C. Fox II Swift, Currie, McGhee & Hiers LLP, Atlanta, for Inman.
    for defendant:
    Case Number: A07A0161; A07A0162

    A list of a podiatrist's patients was not a trade secret within the meaning of the Georgia Trade Secret

  • Allen v. State

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Wesley C. Ross District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A07A0809

    The defendant did not abandon his criminal purpose with regard to the attempted rape when he discovered that the assault victim was menstruating, since the defendant choose instead to have the victi

  • The Cincinnati Ins. Co. v. Magnolia Estates Inc.

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert S. Carpenter Nall & Miller LLP, Atlanta, for appellant.
    for defendant: William D. Healan Jr. William D. Healan III Healan Law Offices, Winder, J. Edward Allen Jr. and Jeffrey W. DeLoach Fortson, Bentley & Griffin PA, Athens, for appellees. Other party representation: Michael G. Kam, Brian D. Lewis and Emily C. Gross Kam & Ebersbach PC, Newnan.
    Case Number: A07A0103

    A resident in a personal care home's intentional attack of another resident was an accident for the purposes of an insurance policy's coverage, since the insured did not foresee, expect or desi