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  • 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

  • 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