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  • Burchette v. State

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Philip C. Smith, District Attorney, Rand J. Csehy and Penny A. Penn, Assistant District Attorneys, Cumming, for appellee.
    Case Number: A02A2236

    Defendant was angry with the victims for failing to return his earnest money and he was the only person inside or near the victims' house when the intentionally set fire

  • Griffin v. Fowler

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James W. Ott, Atlanta, for appellant.
    for defendant: Christine L. Mast, Emory L. Palmer Hawkins & Parnell, and David E. Allman, Atlanta, for appellees.
    Case Number: A02A1853

    The plaintiff's for breach of fiduciary duty failed because it was duplicative of his legal malpractice

  • Howard v. Brantley County, Ga.

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Phillip N. Golub Houston & Golub PC, Blackshear, for appellant.
    for defendant: . W. Vincent Settle III, Waycross, for appellee.
    Case Number: A03A0886

    The county could not negotiate a contract for road striping services outside of the statutory bidding process because O.C.G.A. § 32-1-3 6 expressly defines road striping as a form of road constructi

  • Ball v. Bright Horizons Children Ctr. Inc.

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James A. Shea Jr., Atlanta, for appellant.
    for defendant: Marvin A. Devlin and Chrisna J. Walker Devlin & Robinson PC, Atlanta, for appellee.
    Case Number: A02A2176

    A 4-year-old's alleged injury due to exploratory sexual play with a 6-year-old classmate at daycare was not the result of any negligence on the part of the daycare c

  • Lowery v. State

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: L. Stanford Cox III, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Jeffrey L. Foster, Chief Assistant District Attorney, Monroe, for appellee.
    Case Number: A03A0218

    The defendant's trial counsel was not deficient in failing to call him to testify in his own defense where the evidence showed that the defendant was well aware of his right to testify, but agreed w

  • Benham v. State

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David N. Vaughn Jr. and Lance T. McCoy, Cartersville, for appellant.
    for defendant: Bryant G. Speed II, District Attorney, and Mary Beth Gregoire, Assistant District Attorney, Rome, for appellee.
    Case Number: A02A2325

    The defendant was not punished more severely for exercising her right to a jury

  • Boaz v. Latson

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: John A. Roberts and Brandy C. Snyder The Roberts Law Firm, Atlanta, for appellant.
    for defendant: . Albert B. Wallace, Stephen B. Wallace Albert Bailey Wallace PC, and William R. Latson, Jonesboro, for appellee.
    Case Number: A02A1663

    The 4-year statute of limitation was not tolled on the plaintiff's fraud claim because the defendant did not prevent him from discovering an allegedly fraudulent promissory

  • Head v. Brown

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Charles W. Stephens Stephens & Shuler, Gainesville, and W. Ashley Hawkins, Forsyth, for appellant.
    for defendant: Edward L. Long Jr., Mark L. Degennaro Willis, McKenzie & Long, LaGrange, Paul E. Weathington and Dena K. Stoddard Allen & Weathington PC, Atlanta, for appellees.
    Case Number: A02A2366

    The original trial court retained jurisdi to revoke its transfer of venue in the underlying medical malpractice case because the trial court did not transfer jurisdi

  • Goldston v. Bank of Am. Corp.

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Scott R. King and Andrew N. Gross Slater & King, Atlanta, for appellant.
    for defendant: William J. Linkous Jr., David G. Ross, Nicole J. Wade and Heather E. Harper Powell, Goldstein, Frazer & Murphy, Atlanta, for appellees.
    Case Number: A02A2431

    If proven, the allegations in the plaintiff's complaint were sufficient to show that fraud tolled the 10-year statute of limitation on her claims against a bank involving the bank's management of tr

  • Crowe v. State

    Publication Date: 2003-02-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John L. Strauss, Covington, for appellant.
    for defendant: Richard R. Reed, District Attorney, and Robert A. Earnhardt, Assistant District Attorney, Conyers, for appellee.
    Case Number: A03A0463

    The defendant failed to show the relevance of the other's driver's chemical test results where his own expert testified that the traces of three drugs in her system would not have affected her abili