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  • 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:
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    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
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    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:
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    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

  • 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

  • Clark v. State

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gerald P. Word Johnson, Word & Simmons, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A05A2336

    The record belied the defendant's contention that the trial court denied him his right to effectively represent hi

  • Douglas v. Bigley

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Benjamin I. Fink and Steven A. Wagner Freed & Berman PC, Atlanta, for appellant.
    for defendant: . Joseph H. Fowler Hartley, Rowe & Fowler PC, Douglasville, for appellee.
    Case Number: A05A1970

    The defendants were entitled to a j.n.o.v. on the plaintiff's claim for rescission of her investment con because the alleged illegalities of the scheme were incidental to the purpose of the co

  • Stinchcomb v. Wright d/b/a Ray Wright Homes Inc.

    Publication Date: 2006-03-31
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Harold T. Daniel Jr., Laurie W. Daniel, Tiffani Z. Moody, Lindsey G. Churchill and Kelli S. Lott Holland & Knight LLP, Atlanta, for appellant.
    for defendant: . John C. Rogers, Johannes S. Kingma Carlock, Copeland, Semler & Stair LLP, Atlanta, and James E. Bischoff Bischoff & White PC, Fayetteville, for appellees.
    Case Number: A05A2253

    The trial court did not err in granting summary judgment to the plaintiff builders on the defendant real estate developer's counterclaim for breach of contract because the defendant failed to presen

  • Valdosta Hotel Properties LLC v. White

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven J. Misner Misner, Scott & Martin, Atlanta, for appellant.
    for defendant: Tommy C. Mann Mann & Mann, and Charles M. Cork III Gambrell & Stolz LLC, Macon, for appellee.
    Case Number: A05A1661

    The appellee was not entitled to rely on the renewal statute to maintain a personal injury action against appellant, since she failed to make appellant a party to her original action prior to volunt

  • Johnson County Sch. District v. Greater Savannah Lawn Care

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Christian J. Steinmetz III and Heather J. Slamenick Clark, Clark & Steinmetz III, Savannah, for appellant.
    for defendant: . Richard H. Middleton Jr., Savannah, for appellee.
    Case Number: A05A1591

    The defendants were entitled to partial summary judgment on the plaintiff company's claim for lost profits, since the d did not contain any evidence showing that the plaintiff had a proven trac