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  • Kent v. A. O. White Jr., Consulting Eng'rs PC

    Publication Date: 2002-01-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Christopher J. McFadden, Decatur, for appellant.
    for defendant: William B. Hardegree and Gregory S. Ellington Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, for appellee.
    Case Number: A01A0756

    An $250,000 punitive damage award to an expert witness who was not paid for services rendered to an attorney was excessive in light of the expert's actual da

  • Trent v. Franco

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William W. Gardner, Atlanta, for appellant.
    for defendant: Gary M. Cooper and William Z. Meadows Cooper & Makarenko, Duluth, for appellees.
    Case Number: A01A2102

    O.C.G.A. § 9-11-4 d 3 requires service of process to a minor defendant with additional service on a parent or legal gua

  • Hightower v. State

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William A. Fears, Jackson, for appellant.
    for defendant: William T. McBroom III, District Attorney, and James E. Hardin, Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A01A2497

    The record failed to show that defendant validly waived his constitutional right to co

  • Hendrix v. State

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Stephen J. Tuggle, Solicitor General, Carrollton, for appellee.
    Case Number: A01A2175

    The officer's refusal to drive the de t's 50 miles round trip to accommodate his request to have independent chemical testing done at the hospital of his choice did not constitute a denial of d

  • Baker v. State

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert W. Chestney The Chestney Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Andrea D. Allen, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A01A1090

    The trial court erred in denying defendant's motion to exclude evidence obtained at a roadblock since the state failed to prove the legality of the roadblock as required under City of Indianapolis v

  • Liberty Nat'l Life Ins. Co. v. Radiotherapy of Ga. PC

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: J. Wallace Speed Lowendick, Speed & Cuzdey LLC, Atlanta, and Lesli R. Seta Speed & Seta LLC, Lawrenceville, for appellant.
    for defendant: Robert M. Martin, Ruth H. Gershon Jones, Day, Reavis & Pogue, Seaton D. Purdom, Linda A. Klein Gambrell & Stolz, Atlanta, Gene M. Winburn and John J. Barrow Winburn, Lewis & Barrow PC, Athens, for appellees.
    Case Number: A01A1380

    Plaintiff failed to show that it reasonably relied on defendants' alleged misrepresentations regarding the reasonable and customary charges for certain cancer treat

  • Dyer v. Honea

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gregory W. Lancaster Peevy & Lancaster PC, Lawrenceville, for Dyer. William M. Droze Troutman Sanders, Atlanta, Jerry A. Daniels Daniels & Taylor, Dennis L. Collins III, Lawrenceville, and Jonathan J. Wade Webb & Lindsey, Peachtree City, for Joel Honea. Jerry A. Daniels Daniels & Taylor, Lawrenceville, for Robert Honea. Daniel S. Reinhardt and William M. Droze Troutman Sanders, Atlanta, for Wayne Bailey. Other party representation: Walter M. Britt Chandler & Britt, Buford.
    for defendant:
    Case Number: A01A0991; A01A0992; A01A0993

    The pendency of plaintiff's viable claims against other defendants did not bar his legal malpractice claim because the alleged malpractice did not arise out of the defending attorney's handling of a

  • Hawks v. Hinely

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert S. Kraeuter, Savannah, for appellant.
    for defendant: . Charles W. Snyder Jones, Boykin & Assocs., Savannah, for appellees. Other party representation: Steven E. Scheer, Savannah.
    Case Number: A01A1184; A01A1185; A01A1186

    The defendants' applications to recall the plaintiffs from public office constituted acts in furtherance of the right to petition the government to redress grievances within the meaning of the anti-

  • Conseco Fin. Servicing Corp. v. Hill

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas S. Kenney and Robert J. Solomon Kenney & Solomon PC, Duluth, for appellant.
    for defendant: Joseph H. Briley, Gray, F. Robert Raley, Macon, and Samuel A. Fowler Jr. Fowler & Wills, Thomson, for appellees.
    Case Number: A01A0855

    Although the allegations in plaintiffs' complaint as admitted by defendant's default established a violation of the Fair Business Practices Act, plaintiffs failed to establish their actual da

  • State Soil & Water Conservation Comm'n v. Stricklett

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: J. Edward Allen Jr. Fortson, Bentley & Griffin PA, Augustus T. Curtis, Athens, Thurbert E. Baker Jr., Attorney General, and Denise E. Whiting-Pack, Assistant Attorney General, Atlanta, for State Soil and Water Conservation Commission. Kerry S. Doolittle, Watkinsville, for the Strickletts. Other party representation: Mary A. Oakley Holland & Knight LLP, Atlanta.
    for defendant:
    Case Number: A01A1364; A01A1365

    A factual question remained as to whether construction of defendants' home substantially interfered with the plaintiffs' nonexclusive easement right to safely operate and maintain