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  • Nalley v. Baldwin

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Wayne Grant, Kimberly W. Rabren Wayne Grant PC, and W. Scott Schulten Schulten, Ward & Turner, Atlanta, for appellant.
    for defendant: . Robert G. Tanner Weinberg, Wheeler, Hudgins, Gunn & Dial, John W. Campbell II Swift, Currie, McGhee & Hiers, Paul E. Weathington and Kara A. Hicks Allen, Weathington & Reeves, Atlanta, for appellees.
    Case Number: A03A0603

    A consent judgment entered against the sole resident defendant did not amount to a discharge from liability that would divest the trial court of personal jurisdiction over the non-resident defen

  • Wright v. Pine Hills Country Club Inc.

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Carl V. Walters, Thomas E. Pujadas Walters, Davis, Meeks & Pujadas, Ocilla, and Robert E. Sherrell Jay, Sherrell, Smith & Braddy PC, Fitzgerald, for Wright. Mary M. Katz Chambless, Higdon & Carson, Macon, for Pine Hills Country Club Inc. William P. Langdale III Langdale & Vallotton LLP, Valdosta, Craig N. Cowart Miller, Cowart, Cates & Howe LLP, Macon, for Newspaper Holdings Inc. E. B. Wilkin Jr., Perry & Walters, Albany, for State Farm.
    for defendant:
    Case Number: A03A0178; A03A0179

    The plaintiff presented no expert testimony contradicting the defendants' evidence that a newspaper reporter was not noticeably intoxicated when the defendants served her al

  • Argot v. State

    Publication Date: 2003-06-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Lee W. Fitzpatrick, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Allen D. Morris, Assistant District Attorney, Canton, for appellee.
    Case Number: A03A0080

    Nothing inherent in an Alford plea constrains the sentencing court from considering any permissible factor in imposing sen

  • Long v. State

    Publication Date: 2003-06-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John A. Beall IV, Jonesboro, for appellant.
    for defendant: Keith C. Martin, Solicitor, and Linda T. Day, Assistant Solicitor General, Jonesboro, for appellee.
    Case Number: A03A0221

    The trial court's charge accurately and fully informed the jury on obstruction and a defendant's right to resist a lawful arrest when excessive and unlawful force is

  • Thomas v. State

    Publication Date: 2003-06-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Maryellen Simmons Word & Simmons PC, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A03A0107

    The defendant had constructive possession of cocaine found in the car in which he was a passenger because he brought it to the car, told a co-defendant to pull it from under the front seat and plac

  • Mattox v. Condo

    Publication Date: 2003-06-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James T. Budd and Brian W. Sprinkle Mabry & McClelland, Atlanta, for appellant.
    for defendant: . Peter A. Law, Davis K. Loftin Peter A. Law PC, and Arthur L. Myers Jr. Allen & Assocs., Atlanta, for appellee.
    Case Number: A03A0734

    Gwinnett County was the proper venue for an action seeking to enforce a settlement agreement arising out of underlying traffic accident where the first defendant resided in Gwinnett County and the s

  • 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