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  • SMD LLP v. City of Roswell

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sean R. Smith and E. Adam Webb Dow, Lohnes & Albertson, Atlanta, for appellant.
    for defendant: . William M. Coolidge III and Richard A. Carothers Carothers & Mitchell, Buford, for appellees.
    Case Number: A01A1437

    Plaintiffs' claim for lost profits from the denial of its applications for permits to build nonconforming billboard signs was precluded as too uncertain and speculative in nature since plaintiffs ne

  • Ramos v. State

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William H. Toler III, Atlanta, for appellant.
    for defendant: Keith C. Martin, Solicitor, and Evelyn P. Sandefur, Assistant Solicitor, Jonesboro, for appellee.
    Case Number: A01A1950

    The trial court did not err in declaring a mistrial after giving an Allen charge where the jury had deliberated for three hours, sent out two questions, asked to have some of the testimony replayed

  • Garrett v. Fleet Fin. Inc. of Ga.

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William A. Wehunt, Stockbridge, for Garrett. John G. Parker Paul, Hastings, Janofsky & Walker, and Eric J. Taylor Hunton & Williams, Atlanta, for Fleet Finance. James M. Poe, Lisa N. Higgins, James L. Creasy III Drew, Eckl & Farnham LLP, and Sean W. Conley, Atlanta, for Baggarly. Other party representation: Dana L. Jackel Awtrey & Parker, Larry W. Ramsey Jr., Charles W. Lane Lane & Lane, Marietta, and R. Wayne Bond Womble, Carlyle, Sandridge & Rice PLLC, Atlanta.
    for defendant:
    Case Number: A01A2018; A01A2019

    The 3-year statute of repose for claims based on recission under the Truth in Lending Act barred plaintiff's suit to set aside a second mortgage on his property more than four years after he closed

  • Gates v. State

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Alfred F. Zachry, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Charles P. Boring Coweta Judicial Circuit District Attorney's Office, LaGrange, for appellee.
    Case Number: A01A1306

    An officer's testimony that he made two probable cause purchases of crack cocaine from defendant's residence when in fact a confidential informant made the purchases, did not demand a finding of pro

  • Edmondson v. Gilmore

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Galen A. Mirate, Valdosta, and Melinda M. Katz, Thomasville, for appellant.
    for defendant: . George M. Saliba II, Gregory A. Voyles, Valdosta, and Charles R. Reddick, Homerville, for appellees.
    Case Number: A01A0838

    The trial court properly dismissed a Georgia couple's adoption petition which would have required relitigation of an Alabama couple's right to adopt the child in que

  • Sullivan v. Fredericks

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rodney L. Allen, Moultrie, for appellant.
    for defendant: . Wade H. Coleman and Edward F. Preston Coleman, Talley, Newbern, Kurrie, Preston & Holland, Valdosta, for appellee.
    Case Number: A01A1611

    Plaintiffs' failure to filed a timely expert affidavit was fatal to their medical malpractice

  • Kmart Corp. v. Morris

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James C. Grant Alston & Bird, and Nowell D. Berreth, Atlanta, for appellant.
    for defendant: Jonathan C. Peters, Michael T. Carithers and Allen S. Willingham Love & Willingham LLP, Atlanta, for appellees.
    Case Number: A01A1166

    Evidence that the premises owner knew an automatic door would open towards incoming patrons under certain circumstances supported a finding that its knowledge of the danger was superior to plaint

  • First Bancorp Mortgage Corp. v. Giddens

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gregg Loomis, Atlanta, for appellant.
    for defendant: John R. Lowery Pursley, Howell, Lowery & Meeks, Atlanta, for appellees.
    Case Number: A01A0870

    The trial court properly excluded evidence of other lawsuits filed against defendants alleging flip sales since admitting such evidence would likely have resulted in undue prejudice or confusion wh

  • Bohannon v. State

    Publication Date: 2001-10-19
    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: T. Joseph Campbell, District Attorney, and Donald S. Smith, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A01A2079

    Defendant lacked standing to challenge the search of a friend's too

  • Epps v. State

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Richard O. Allen, Atlanta, for Epps. Page A. Pate, Atlanta, for Angulo. Bernard S. Brody, Atlanta, for Brayboy. J. Tom Morgan III, District Attorney, Barbara B. Conroy and Andrette Watson, Assistant District Attorneys, Decatur, for appellee.
    for defendant:
    Case Number: A01A2007; A01A2015; A01A2016

    Defendants convictions for cocaine trafficking could not stand because the police arrested defendants before they acquired possession of the