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  • Rome Healthcare LLC v. Peach Healthcare Sys. Inc.

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jeffrey C. Smith Armstrong Allen, Memphis, Tenn., and John Stuber, Tupelo, Miss., for appellant.
    for defendant: Frank G. Goldman Womble, Carlyle, Sandridge & Rice PLLC, and Jeffery R. Saxby Epstein, Becker & Green PC, Atlanta, for appellee.
    Case Number: A03A1190

    Judgment entered on the plaintiff's $1.16 million verdict against the defendant for breach of an agreement for the management of 5 nursing homes affirmed as some evidence supported the jury's findi

  • Atlantic Coast Mechanical v. R. W. Allen Beers Constr.

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah Ebel, David N. Stern McKenna, Long & Aldridge LLP, Atlanta, Herman M. Braude, Gerson Kramer, Sean Palmer and Douglas Horton Braude & Margulies PC, Washington D.C., for appellant.
    for defendant: John I. Spangler III Alston & Bird, Atlanta, for appellee. Other party representation: Thurbert E. Baker Jr., Attorney General, George S. Zier, Assistant Attorney General, George C. Reid, Atlanta, and Wendell K. Howell Lumley & Howell, Macon.
    Case Number: A03A0893

    The trial court erred in granting summary judgment to the defendant in its subcontractor's suit for increased costs and expenses incurred in performing its heating, ventilation, air conditioning and

  • Meadows v. State

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Wystan B. Getz, Decatur, for Meadows. Charles C. Flinn Carnesale & Deland, Decatur, for Thomas. Richard R. Read, District Attorney, and Roberta A. Earnhardt, Assistant District Attorney, Conyers, for appellee.
    for defendant:
    Case Number: A03A1582; A03A1583

    The trial court should not have admitted the first defendant's inculpatory pretrial statement because he did not testify and was not available for cross-examin

  • State v. Jourdan

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Cecilia M. Cooper, District Attorney, and Daniel P. Bibler, Assistant District Attorney, Americus, for appellant.
    for defendant: Craig S. Mathis, Leesburg, for appellee.
    Case Number: A03A2423

    Defendant's mere acquiescence when a ranger removed a cigarette box from his pocket could not substitute for free consent to search the box, which contained methamphet

  • Revis v. Jowers

    Publication Date: 2003-11-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Galen A. Mirate, Valdosta, for appellant.
    for defendant: . Keith H. Solomon, Douglas, for appellees.
    Case Number: A03A1078

    The first defendant no longer has legal interest in real property that her mother purchased at a foreclosure sale after the first defendant pledged her interest in the land as collateral for a loan

  • Neal v. State

    Publication Date: 2003-11-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William A. Adams Jr., Thomaston, for appellant.
    for defendant: William T. McBroom III, District Attorney, and Joyce A. Bussey, Assistant District Attorney, Thomaston, for appellee.
    Case Number: A03A0905

    Defendant's own testimony that he was in "position to have sex" with the 14-year-old victim showed that he took a substantial step towards the commission of the crime of statutory

  • The Clo White Co. v. Lattimore

    Publication Date: 2003-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William S. Cowsert, Athens, and Mark W. Wortham Hicks, Casey, Barber PC, Marietta, for appellant.
    for defendant: Raymond V. Giudice and Mark E. Bussey Bussey & Giudice, Atlanta, for appellee. Other party representation: J. Edward Allen Jr. Fortson, Bentley & Griffin PA, Athens.
    Case Number: A03A1366

    Some evidence showed that defendant's employee was on his cell phone and calling his employer when he was involved in a motor vehicle accident with the plai

  • McMillian v. State

    Publication Date: 2003-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lon P. Kemeness, Tifton, for appellant.
    for defendant: Clifford P. Bowden, District Attorney, and Bradford L. Rigby, Assistant District Attorney, Tifton, for appellee.
    Case Number: A03A1972

    The trial court did not abuse its discretion in excluding evidence of the victim's prior allegedly false accusations of molestation where the victim explained why she recanted her accusation against

  • Fraser v. State

    Publication Date: 2003-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas J. Thomas, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Frank T. Gomez, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A03A0959

    Evidence that the defendant was driving at 24 mph above the posted speed limit in a residential area supported his reckless driving convi

  • Guida v. Lesser

    Publication Date: 2003-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Neal H. Howard and William D. James Neal H. Howard & Assocs. PC, Atlanta, for appellant.
    for defendant: . Paul E. Weathington and John D. Hocutt Allen & Weathington PC, Atlanta, for appellees.
    Case Number: A03A1105

    The defendants' could not be held liable for the death of plaintiff's hu s from apparent cardiac arrest where the defendants had no doctor-patient relationship with the hu