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  • 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

  • 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