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  • Garner v. Rite Aid of Ga. Inc.

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Bryan M. Pulliam and Raymond T. Brooks Jr. Pulliam & Brooks LLP, Covington, for appellant.
    for defendant: . Warner S. Fox and Christopher S. Keith Hawkins & Parnell LLP, Atlanta, for appellee.
    Case Number: A03A1808

    Three teenagers assumed the risk of death or serious injury from huffing b

  • Hector v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Maryann B. Davidson, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A04A0693

    The trial court did not improperly coerce the jury when it suggested that they conscientiously try to reach an agreement on a count on which they were deadlocked

  • M.J.E.S. Enters. Ltd. v. Martin

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Wayne Pierce Pierce & Young, Atlanta, for appellant.
    for defendant: . David S. Lipscomb, Lawrenceville, for appellee. Other party representation: Jeffrey F. Leasendale Allen & Assocs., Atlanta.
    Case Number: A03A1653

    Plaintiff was not entitled to add two defendants to her personal injury suit after expiration of the statute of limitation because defendants could not have known that, but for some mistake involvin

  • Smith v. State

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert F. Smith, Folkston, proceeded pro se. Richard E. Currie, District Attorney, Waycross, and Allen R. Knox, Assistant District Attorney, Douglas, for appellee.
    for defendant:
    Case Number: A03A1804

    The Court remanded for the trial court to consider the merits of defendant's claim that the state denied him his constitutional right to a speedy trial under the analytical framework in State v. Ba

  • Allen v. State

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Teresa O. Weiner, Jonesboro, for appellant.
    for defendant: Steven L. Harris, Solicitor General, and Lura H. Landis, Assistant Solicitor General, Fayetteville, for appellee.
    Case Number: A03A2526

    The trial court erred in considering defendant's prior DUI nolo in aggravation of his sentence where the form did not show on its face that he was aware of his rights before entering the

  • Moulton v. Wood

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ralph L. Phillips, Dawson, for appellant.
    for defendant: . Howard J. Stiller, Albany, and Christopher L. Meachum Meachum & Earley PC, Columbus, for appellees.
    Case Number: A03A2316

    The record presumably support the trial court's judgment where the plaintiff omitted material evidence from the record on a

  • TGM Ashley Lakes Inc. v. Jennings

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Earl W. Gunn, John C. Bonnie and Nancy G. Cook Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellant.
    for defendant: . Charles A. Mathis Jr., Douglas P. McManamy The Mathis Law Firm, and John D. Steel Matthews & Steel, Atlanta, for appellees.
    Case Number: A03A1401

    Dester v. Dester, 240 Ga. App. 711 1999, Spencer v. Gary Howard Enterprises, 256 Ga. App. 599 2002, and Stephens v. Greensboro Prop., 247 Ga. App. 670 2001, are overruled to the extent they held tha

  • Little Sky Inc. v. Rybka

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Fred L. Cavalli and Christopher J. McFadden, Decatur, for appellant.
    for defendant: . Gregory W. Sturgeon, Atlanta, for appellees.
    Case Number: A03A1223

    The trial court correctly ruled that the buyers of a business franchise waived their claim that the sellers concealed material facts devaluing business prior to purchase since the buyers continued

  • Reddick v. State

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thomas J. Gustinella, Savannah, for Reddick. Steven L. Sparger Jackson & Schiavone, Savannah, for Samuels. Spencer Lawton Jr., District Attorney, and George R. Asinc, Assistant District Attorney, Savannah, for appellee.
    for defendant:
    Case Number: A03A0982; A03A0983

    The defendants' convictions for aggravated assault and reckless conduct were mutually excl

  • Traub v. Washington

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Julian H. Toporek, Savannah, for Traub. Walter W. Ballew III Barrow & Ballew PC, Savannah, for Connor. Thomas R. Mock Jr. Hawkins & Parnell LLP, Atlanta, for Washington. Other Party Representation: Richard A. Rominger and Edward R. Stabell III Brennan, Harris & Rominger, Savannah.
    for defendant:
    Case Number: A03A1371; A03A1429; A03A1400; A03A1576

    A jury question remained as to whether the defendant attorney committed fraud by contacting and representing the plaintiff's creditor in his successful pursuit of a debt his former client