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  • H & C Dev. Inc. v. Bershader

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Tom Pye Chestnut, Livingston & Pye PC, Doraville, for appellant.
    for defendant: Kenneth I. Sokolov Fine and Block, Atlanta, for appellees.
    Case Number: A00A2104

    A jury issue remained as to whether the address appearing in the county's tax records was reasonably ascertainable under the redemption st

  • Beasley v. Beasley

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jason A. Craig, Vidalia, for J. Beasley, D. Duston Tapley Jr. Tapley and Assocs., Vidalia, for C. Beasley.
    for defendant:
    Case Number: A01A0332; A01A0333

    Appellants could not complain that the trial court placed undue pressure on the jury to reach a unanimous verdict after their attorney affirmatively consented to the c

  • Heston v. Lilly

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Van C. Wilks, Carrollton, for appellant.
    for defendant: John A. Allen Allen & Assocs., Atlanta, for appellee.
    Case Number: A01A0570

    The trial court properly charged on negligence and proximate cause, even though defendant admitted that his negligence cause the collision, because defendant contested the causation of the plaintiff

  • Steele v. State

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Patrick H. Head, District Attorney, Eleanor A. Kornahrens and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A01A0738

    Defendant was not entitled to a charge under O.C.G.A. § 24-9-85 b because the victims did not wilfully and knowingly give false test

  • Kaiser v. Tara Ford Inc.

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brian B. Pastor Pastor Law Group PC, Atlanta, John E. Spainhour and Elise G. Spainhour Givhan Spainhour PSC, Shepherdsville, Ky., for appellant.
    for defendant: A. L. Mullins Jr. Byrne, Eldridge, Moore & Davis PC, Atlanta, for appellee. Other party representation: William H. Brandon, Avondale Estate.
    Case Number: A00A2350

    Plaintiff had no cause of action for malicious prosecution based on false information that defendant's employee provided to authorities during an ongoing criminal investigation because the employee

  • Driver v. State

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Anthony B. Williams, Assistant Solicitor General, Canton, and Valerie C. Thomason Thomason & Blackmon PC, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A01A0532

    The trial court properly admitted defendant's pre-Miranda statement because a reasonable person in his shoes would not have believed he was in custody when the deputy ask him if he had been dr

  • Williams v. State

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Harold B. Baker, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, James E. Hardy, Chief Assistant District Attorney, Robert R. Auman and Robert D. Jewell, Assistant District Attorneys, Thomasville, for appellee.
    Case Number: A01A0554

    De counsel was not deficient for pursuing an all-or-nothing de to a child molestation charge, rather than requesting a charge on sexual battery as the lesser included of

  • State v. Redd

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert B. Ellis Jr., District Attorney, Ellen S. Gordon, Assistant District Attorney, Nashville, and Timothy L. Eidson, Chief Assistant District Attorney, Adel, for appellant.
    for defendant: Charles R. Reddick, Homerville, for appellee. Other party representation: Kenneth B. Hodges III, District Attorney, Albany, J. David Miller, District Attorney, Valdosta, Keith C. Martin, Solicitor, Jonesboro, Leslie C. Abernathy, Solicitor, Cumming, Carmen Smith, Solicitor, Atlanta, Cheryl B. Jolly, Solicitor General, Augusta, and Wensley Hobby, Solicitor, Reidsville.
    Case Number: A00A1059

    State v. Redd, 243 Ga. App. 809 2000, is vacated and the state's appeal of the denial of its motion to the disqualify district attorney pro tempore from representing criminal defendants is dism

  • Bedford v. Awod

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Timothy N. Toler, Atlanta, for appellant.
    for defendant: . Donald W. Osborne Law Office of Allen & Assocs., and Jay F. Eidex, Atlanta, for appellees.
    Case Number: A00A2106

    The employee's timesheet provided only circumstantial evidence that he was acting within the scope of his employment at the time of the acc

  • Allen v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lovett Bennett Jr., Statesboro, for appellant.
    for defendant: William S. Askew, District Attorney, Swainsboro, for appellee.
    Case Number: A01A0423

    The trial court violated defendant's right to be tried by an impartial jury by requiring him to wear leg shackles, even though he was not disruptive, had not threatened anyone and did not attempt to