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  • Infrasource Inc. f/k/a Exelon Infrastructure Servs. Inc. v. Hahn Yalena Corp.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Theodore J. Sawicki, Scott P. Hilson, Regina S. Molden and Leslie M. Mathis Alston & Bird LLP, Atlanta, for Infrasource Inc. R. Randy Edwards and Drew D. Baiter Kilpatrick Stockton LLP, Atlanta, for Hahn Yalena Corp. Other party representation: John C. Herman, Atlanta.
    for defendant:
    Case Number: A04A1896, A04A1959

    There was no actionable claim of fraudulent concealment in a failed acquisition attempt of plaintiff company by defendant, since the alleged fraud occurred during the course of arms' length negotiat

  • Spivey v. State

    Publication Date: 2005-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James L. Hardin, Brunswick, for appellant.
    for defendant: Robert B. Ellis Jr., District Attorney, Nashville, and Timothy L. Eidson, Pearson, for appellee.
    Case Number: A04A2316

    The evidence supported the defendant's conviction as a party to forcible rape since she carried her young daughter into the bedroom she shared with the child's father and watched as the father lay o

  • Wilson v. Allen

    Publication Date: 2005-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Edward A. Miller and Lindsey L. Mehan Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, for appellant.
    for defendant: . Benny M. Martin B. M. Martin & Assocs. PC, Jasper, for appellee.
    Case Number: A04A1768

    The plaintiff's claim for negligent infliction of emotional distress could not survive, since she did not allege that the physical impact and physical injuries caused when defendant's automobile str

  • Allen v. State

    Publication Date: 2005-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Ramon J. Fajardo, Albany, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, and Leon Jourolmon, Assistant District Attorney, Hartwell, for appellee.
    Case Number: A05A0808

    The defendant admitted that he altered a prescription for narcotic pain medic

  • Barton v. City of Rome

    Publication Date: 2005-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Charles E. Morris Jr. Parker & Lundy, Cedartown, for appellant.
    for defendant: . J. Anderson Davis, Kristy L. Cordle Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Thomas H. Manning Smith, Shaw & Maddox LLP, Rome, and Robert T. Monroe Smith, Shaw & Maddox LLP, Cedartown, for appellee.
    Case Number: A04A2349

    The city's knowledge of a defectively designed dumpster at the city's landfill was imputed on its motion for summary jud

  • Bryan v. State

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Michael A. Corbin, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Mark P. Higgins Jr., Assistant District Attorney, Dalton, for appellee.
    Case Number: A04A1512

    The trial court should have merged the defendant's convictions for methamphetamine possession and methamphetamine possession with intent to distribute with his conviction for manufacturing methamphe

  • State v. Allen

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Barry E. Morgan, Cobb Solicitor General, Jessica K. Moss, Chief Assistant Solicitor General, Nell A. Pedigo, Assistant Solicitor, Marietta, for appellant.
    for defendant: Victor P. Valmus Moore, Ingram, Johnson & Steele, Marietta, for appellee.
    Case Number: A04A2128

    The officer's conduct in securing the defendant's consent to a state-administered breath test and her initial equivocation was fair and reaso

  • Barton v. City of Rome

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Charles E. Morris Jr. Parker & Lundy, Cedartown, for appellant.
    for defendant: . J. Anderson Davis, Kristy L. Cordle Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Thomas H. Manning Smith, Shaw & Maddox LLP, Rome, and Robert T. Monroe Smith, Shaw & Maddox LLP, Cedartown, for appellee.
    Case Number: A04A2349

    The city's knowledge of a defectively designed dumpster at the city's landfill was imputed on its motion for summary jud

  • West v. State

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James W. Bradley, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Richard C. Brown, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A04A1826

    The trial court did not err in excluding the defendant from the courtroom during identification testimony after he became disruptive, spat on his counsel and indicated that he would continue to disr

  • Clark v. State

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Martin G. Hilliard, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Melanie Higgins, Assistant District Attorney, Savannah, for appellee.
    Case Number: A05A0300

    The trial court did not err in excluding the testimony of the defendant's witness after he failed to give the state 10-day's notice of the witness's written statement as required by O.C.G.A. § 17-1