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  • Gold Kist Inc. v. Moody

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Jay D. Bennett, Richard R. Hays and Kenneth D. Steele Alston & Bird, Atlanta, for appellant.
    for defendant: Douglas L. Gibson Gibson & Spivey, Waycross, for appellees.
    Case Number: A02A1225

    The trial court could not presume that a prior judge followed the law of the case on remand where that judge failed to do so on remand from a prior a

  • Earthgrains Baking Co. v. Bird

    Publication Date: 2002-06-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: J. Franklin Edenfield Spivey, Carlton & Edenfield PC, Swainsboro, for appellant.
    for defendant: Wilson R. Smith Smith & Jenkins, Savannah, and Thomas W. Tucker Dye, Tucker, Everitt, Wheale & Long, Augusta, for appellees.
    Case Number: A02A1148

    Trial court's order acknowledging law firm's right to collect on award in underlying injury suits did not expressly command or prohibit any act on the part of former members of the firm with respect

  • Kmart Corp v. Merriweather

    Publication Date: 2002-03-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James C. Grant, Nowell D. Berreth and Jeffrey J. Swart Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . John B. Levy and Michael Weinstock Weinstock & Scavo PC, Atlanta, for appellees.
    Case Number: A01A2298

    The Court could not consider defendants' challenge to the sufficiency of the evidence because they failed to include all of the evidence presented at trial in the appellate r

  • Gold Kist Inc. v. Wilson

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Jay D. Bennett, Richard R. Hays and Kenneth D. Steele Alston & Bird, Atlanta for appellant.
    for defendant: Douglas L. Gibson Gibson & Spivey, Waycross, for appellees.
    Case Number: A00A1254

    The trial court exceeded its scope of authority on remand when it reaffirmed its prior awards to the plaintiffs based on different theories of liab

  • Exum v. Melton

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Converse Bright, Valdosta, and William Q. Bird Bird, Ballard & Still, Atlanta, for appellant.
    for defendant: . Thomas S. Chambless and Charles K. Wainright II Watson, Spence, Lowe & Chambless, Albany, for appellees.
    Case Number: A00A0846

    Although venue vanished when plaintiffs dismissed the only resident defendant, the trial court retained jurisdiction to consider defendant's motion to dismiss due to insufficiency of service of pr

  • Markowitz v. Wieland

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William J. McKenney McKenny & Froelich, Robb E. Hellwig and Richard R. Hays Alston & Bird, Atlanta, for appellant.
    for defendant:
    Case Number: A99A1888, A99A1889

    Since plaintiffs chose to affirm a purchase and sale contract which included a merger clause and a disclaimer provision, they could not claim that they relied on the sellers' alleged misrepresenta

  • Abend v. Klaudt

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lori G. Baer and Candice Stone Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . David A. Sleppy and Dennis T. Cathey Cathey & Strain, Cornelia, for appellees. Other party representation: Robert G. Tanner and Johnathan T. Krawcheck Long, Weinberg, Ansley & Wheeler, Atlanta.
    Case Number: A99A1862

    The 5-year statute of repose in O.C.G.A. § 9-3-71 b does not bar a foreign object medical malpractice action that is timely filed within the 1-year limitation period for that type of