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  • Montgomery County v. Sharpe

    Publication Date: 2003-06-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Malcolm F. Bryant Jr., Vidalia, for appellant.
    for defendant: Howard C. Kaufold Jr. Durden, Kaufold, Rice & Tribble, Vidalia, for appellee.
    Case Number: A03A0137

    A county that voluntarily paid the defendant commissions on automobile tag fees as part of her employment as tax commissioner could not recover its payment, even though defendant was not statutorily

  • Georgia Oilmen's Assoc. v. Georgia Dep't of Revenue

    Publication Date: 2003-06-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David L. Turner and Lou Litchfield Schulten, Ward & Turner LLP, Atlanta, for Georgia Oilmen's Assoc. Thurbert E. Baker Jr., Attorney General, Daniel M. Formby, Deputy Attorney General, William W. Banks Jr. and John B. Ballard Jr., Assistant Attorneys General, Atlanta, for Georgia Dep't of Revenue. Other party representation: Mark H. Cohen Troutman Sanders, Fred B. Kitchens Jr. Wine & Spirits Wholesalers of Ga. Inc., and Ronald W. Rogers Stack & Rogers, Atlanta.
    for defendant:
    Case Number: A03A0474; A03A0475

    Department of Revenue Rule 560-2-4-.02 correctly reflects the plain language of O.C.G.A. § 3-5-31 a and absolutely prohibits malt beverage retailers from buying beer from wholesalers outside of thei

  • Butler v. Warren

    Publication Date: 2003-06-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Mary C. Register Spiva, Lewis, Owens & Mulherin, Jeffrey S. Vaughan Royal & Vaughan, and George L. Lewis, Savannah, for appellant.
    for defendant: . Ashlee H. Vaught and Jordon D. Morrow Brannen, Searcy & Smith, Savannah, for appellees.
    Case Number: A03A0805

    There was no evidence that the defendants negligently entrusted their truck to a drunk employee on the day he drive the truck off defendants' property and killed the plaintiffs' son in a traffic acc

  • Singleton v. Terry

    Publication Date: 2003-06-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: E. Davison Burch Blasingame, Burch, Garrard, Bryant & Ashley, Athens, for appellant.
    for defendant: . Robert E. Jones, Madison, for appellees.
    Case Number: A03A1394; A03A1395

    The deceased partner's estate had a right of action under O.C.G.A. § 14-8-42 for the value of his interest in the partnership at the time of dissol

  • Watts v. State

    Publication Date: 2003-05-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: David H. Jones King & King & Jones PC, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A03A0929

    The invalidity of a search warrant, resulting in the seizure of DNA ce against the defendant, was res judicata because the Georgia Supreme Court previously held that the state did not meet its

  • Black v. State

    Publication Date: 2003-05-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Diane M. Moore, Jasper, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Sandra G. Rivers and Thomas R. McBerry, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A03A0454

    The evidence supported the defendant's conviction for molesting his 13-year-old stepdau

  • Eason v. State

    Publication Date: 2003-05-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Valerie C. Cooke, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A03A0354

    The defendant cut the victim across his face with a pocket knife, causing extensive injury to the victim's nose and sinus c

  • Carter v. State

    Publication Date: 2003-05-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Christopher P. Twyman Hine & Niedrach PC, Rome, for appellant.
    for defendant: Bryant G. Speed II, District Attorney, and Charles S. Cox, Assistant District Attorney, Rome, for appellee.
    Case Number: A03A0766

    Defendant agreed to sell drugs to an informant, set the price, met the informant at the agreed location, sent a third party to retrieve the drugs and waited with the informant for the third party's r

  • Smith v. State

    Publication Date: 2003-05-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William D. Hall, Blakely, for appellant.
    for defendant: Charles M. Ferguson, District Attorney, and Thomas C. Earnest, Assistant District Attorney, Cuthbert, for appellee.
    Case Number: A03A0492

    Defendant was not entitled to a charge on the lesser included offense of simple battery where he denied hitting his 12-month-old son and claimed that the child's injuries resulted from a

  • VFH Captive Ins. Co. v. Cielinski

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David A. Webster and Sidney L. Moore Jr., Atlanta, for appellant.
    for defendant: Charles A. Gower, Columbus, for appellee.
    Case Number: A02A2406

    The jury was authorized to find that an insurance contract covered the insured when one of his cabs was involved in an accident based on the insured's testimony that he paid the monthly pre