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  • H. D. McCondichie Properties v. Georgia Dep't of Transp.

    Publication Date: 2006-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard N. Hubert and Jonathan E. Ganz Chamberlain, Hrdlicka, White, Williams & Martin, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Atlanta, and Paul H. Dunbar III Capers, Dunbar, Sanders & Bruckner, Augusta, for appellee.
    Case Number: A06A0426

    The trial court properly excluded evidence that the DOT originally hired an expert the appellant late subpoenaed, since the issue of who originally hired the expert was irrelevant to the issue of j

  • Empire Fire & Marine Ins. Co. v. Daniels

    Publication Date: 2006-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Marvin W. McGahee Brennan & Wasden, Savannah, for appellant.
    for defendant: Raymond S. Gordon Jr. and W. Jefferson Hires Gordon & Hires, Jesup, for appellees. Other party representation: William B. Johnson, Jesup, Clyde M. Urquhart, James E. Stein, St. Marys, William M. McHugh Jr. and James B. Durham Durham, McHugh & Duncan PC, Brunswick.
    Case Number: A06A0337

    The "rentee" exclusion to the commercial lines excess insurance policy at issue did not apply to the driver of a fatal 1-vehicle accident, since she drove the rental car permissibly and without payi

  • Davis v. State

    Publication Date: 2006-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John H. Bradley, Public Defender, Milledgeville, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Milledgeville, and Joseph M. McKinnon District Attorney's Office, Eatonton, for appellee.
    Case Number: A06A0783

    The defendant did not knowingly and intelligently waive his right to co

  • Cox v. Athens Reg'l Med. Ctr. Inc.

    Publication Date: 2006-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Dennis T .Cathy, Edward E. Strain III, David A. Sleppy Cathey & Strain, Cornelia, Bryan A. Vroon and John W. Crongeyer Vroon & Crongeyer LLP, Atlanta, for appellant.
    for defendant: . J. Edward Allen Jr. Fortson, Bentley & Griffin PA, Athens, Emmet J. Bondurant, Michael B. Terry Bondurant, Mixson & Elmore, Atlanta, and Edward D. Robertson Jr. Bartimus, Frickleton, Robertson & Obetz PC, Jefferson City, Mo., for appellee.
    Case Number: A06A0341

    The plaintiffs were not entitled to declaratory relief, since all possible rights between the parties had accrued and all possible obligations had att

  • Estes v. State

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Public Defender Standards Council, Atlanta, and Christopher R. Reeves, Dallas, for appellant.
    for defendant: Fred A. Lane Jr., District Attorney, and Allen R. Knox, Assistant District Attorney, Dallas, for appellee.
    Case Number: A06A0495

    The defendant could not complain that the trial court admitted similar transaction evidence, which the defendant elicited from a witness he c

  • Koncul Enters. Inc. v. Fleet Fin. Inc.

    Publication Date: 2006-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Christopher D. Britt and Brent J. Savage Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: . Howell A. Hall and Michael L. Edwards, Savannah, for appellees.
    Case Number: A06A0271

    The 6-years statute of limitation for written agree applied to the plaintiff's claims for breach of contract arising out of five partial purchase agree

  • Henson v. Tucker

    Publication Date: 2006-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John J. Capo and Larry K. Butler Butler & Capo, Jasper, for appellant.
    for defendant: . Eugene B. Chambers Jr. Roach, Hasty & Geiger, Canton, for appellees.
    Case Number: A05A1735

    The defendants did not acquire prescriptive title to the disputed 5.9 acres of land by building a driveway less than seven years before the plaintiffs filed their quiet title

  • Board of Regents of the Univ. Sys. Of Ga. v. Doe

    Publication Date: 2006-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, Bryan K. Webb, Senior Assistant Attorney General, and Ralph W. Ellis, Assistant Attorney General, for appellant.
    for defendant: Warren N. Sams III The Sams Law Firm, T. Joshua Archer and Michael J. Bowers Balch & Bingham, Atlanta, for appellee.
    Case Number: A05A1892

    Material issues of fact remained as to whether the Board of Regents of the University System rgia breached a 1997 employment contract to hire the plaintiff as a tenured full professor and dean

  • Allen v. State

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David L. Smith, Cedartown, for appellant.
    for defendant: . Donald N. Wilson, District Attorney, and Charles D. Gafnea, Assistant District Attorney, Cedartown, for appellee.
    Case Number: A05A1947

    Trial counsel's former prosecution for murder by the assistant district attorney who prosecuted the defendants' child cruelty case did not present a conflict of int

  • Draper v. Reynolds

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Millard C. Farmer Jr., Atlanta, for appellant.
    for defendant: Christopher D. Balch and John M. Hamrick Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee.
    Case Number: A05A2155

    Collateral estoppel barred the plaintiff from relitigating issues of whether the defendant acted illegally and without probable cause when he stopped the plaintiff for a tag light violation and arre