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

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    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

  • Hurston v. State

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Jeffery W. Hunt, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A05A1971

    Jurors' unauthorized visits to the accident scene did not contribute to the defendant's conviction in light of the jurors' unanimous affidavits stating that the visits had no effect upon their ve

  • McDilda v. Norman W. Fries Inc.

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Joseph D. McGovern Dubberly & McGovern, Glennville, for appellant.
    for defendant: William E. Callaway Jr. and William J. Neville Jr. Callaway, Neville & Brinson, Claxton, for appellee.
    Case Number: A05A2086

    The undisputed evidence showed that the boundary line between plaintiff and defendant's property was marked in white paint with the knowledge and consent of the adjoining owners for 30 years before

  • Blackwood v. State

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William H. Clerke IV, Marietta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen, Assistant District Attorney, Carrollton, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: A05A2120

    Evidence that the defendant helped to weigh out 32.64 grams of methamphetamine and placed it in bags for purchase by an undercover GBI agent supported his methamphetamine trafficking convi

  • Haggins v. State

    Publication Date: 2006-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Orin L. Alexis, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Isabel M. Pauley, Assistant District Attorney, Savannah, for appellee.
    Case Number: A05A2327

    The evidence supported the defendant's convictions for aggravated assault and firearms offenses, despite the victim's recantation of his identification of the defendant as his shooter at

  • Pearson b/n/f Pearson v. Tippmann Pneumatics Inc.

    Publication Date: 2006-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Michael J. Warshauer, Steven R. Thornton and Lyle G. Warshauer Warshauer, Thomas, Thornton & Rogers PC, Atlanta, for appellant.
    for defendant: . Jonathan R. Friedman McKenna, Long & Aldridge LLP, Atlanta, and Mark J. Hill, Philadelphia, Pa.
    Case Number: A05A1581

    Trial court's jury charge and recharge on proximate charge were unlikely to have confused or misled the jury into believing that only the last action nearest in time to the plaintiff's injury could

  • Lee v. Thomason

    Publication Date: 2006-03-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Nicolle G. Holt, County Attorney, Willie J. Lovett Jr., Rory K. Starkey and Marina K. Duncan County Attorney's Office, Atlanta, for appellant.
    for defendant: Allen L. Broughton Broughton & Fernandez and Brian C. McCarthy, Roswell, for appellees.
    Case Number: A05A1945

    Loss of consortium damages are not absolutely dependant on proof of a loss or impairment of sexual rela

  • Cohen v. Allstate Ins. Co.

    Publication Date: 2006-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert A. Moss Moss & Rothenberg, Atlanta, for appellant.
    for defendant: Melynee Leftridge Sharon W. Ware & Assocs., Atlanta, for appellee. Other party representation: Charis L. Johnson Law Office of Allen & Assoc., Atlanta.
    Case Number: A05A1986

    A nominal judgment against the defendant in an injury suit was a condition precedent to the plaintiffs' ability to recover against their UM ca