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  • First Born Church of the Living God Inc. v. Bank of Am.

    Publication Date: 2001-02-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Kirby C. G. Mason Hunter, McLean, Exley & Dunn PC, Savannah, John M. Hatfield The Hatfield Law Firm, Waycross, and Walter D. Adams, Brunswick, for appellant.
    for defendant: . Lamar Gibson Gibson & Spivey PC, Waycross, and Monica L. Cothran Davenport, James & Cothran, Panama City, Fla., for appellee. Other party representation: Kerey Carpenter, Tallahassee, Fla.
    Case Number: A00A1795

    The trial court erred in retaining jurisdiction to consider the propriety of the church board's successive attempts to remove its senior bishop because the Court of Appeals' decision in the parties

  • Kirkland v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Brian Steel, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Jr., District Attorney, and Christopher Quinn, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A1823

    Defendant's prior acquittal on an attempted burglary charge arising out of his connection with a "Bad Cop" crime did not preclude his trial on other charges attributed to the crime

  • Lewis v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: W. Keith Barber Allen & Barber, Statesboro, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, and Katherine L. Kissam, Special Assistant District Attorney, Marietta, for appellee.
    Case Number: A00A2061

    Given the evidence of defendant's intoxication, he could not show that he was prejudiced by his counsel's failure to require the state to lay a proper foundation for admission of the Alcosensor re

  • Warren v. Board of Regents of the Univ. Sys. of Ga.

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Hue Henry and Christopher L. Casey J. Hue Henry PC, Athens, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Daniel M. Formby, John B. Ballard Jr., Deputy Attorneys General, Oscar B. Fears III, Assistant Attorney General, and Letitia M. Brown King & Spalding, Atlanta, for appellees. Other party representation: James C. Rawls Powell, Goldstein, Frazier & Murphy, George P. Shingler Casey, Gilson, Williams & Shingler, Randolph A. Mayer Mayer & Beal, Karen R. White Arrington & Hollowell PC, Floyd C. Newton III, Michael R. Smith King & Spalding and Carrie L. Christie Christie, Toreno & Hatcher LLP, Atlanta.
    Case Number: A00A1841

    Plaintiffs' contribution of money to a charitable did not give them standing to maintain a suit to enforce the

  • Hodges v. State

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert L. Chandler Thompson, Fox, Chandler, Homans & Hicks, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, and Arturo Corso, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A00A2504

    Evidence that the victim was shot with a 9-millimeter automatic pistol at a distance of 18 to 24 inches authorized the jury to find that the victim did not shoot herself as defendant cont

  • Costrini v. Hansen Architects PC

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thomas A. Nash Jr., Savannah, for appellant.
    for defendant: Christopher L. Rouse Lee, Black, Scheer & Hart, PC, Savannah, for appellee.
    Case Number: A00A1786

    There was no evidence that plaintiff was prevented from discovering the allegedly defective construction prior to expiration of the limitation p

  • Smith v. State

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Richard T. Ryczek Jr., Rockdale County Public Defender's Office, Conyers, for appellant.
    for defendant: Richard R. Read, District Attorney, Conyers, for appellee.
    Case Number: A00A2426

    The cashier's testimony that defendant's gestures and demand for money caused him to fear that defendant might have a gun was sufficient to establish intimid

  • Skipper Sams v. Roswell-Holcomb Assocs.

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Curtis R. Richardson, Decatur, for appellant.
    for defendant: Robert D. Wildstein Bodker, Ramsey & Andrews PC and Ann S. Infinger Arnall, Golden & Gregory, Atlanta, for appellee.
    Case Number: A00A2436

    Because the plaintiff did not rescind its con to assume a commercial lease, the plaintiff was bound by the terms of the written con

  • Ketchup v. Howard

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Linnie L. Darden III Jones, Osteen, Jones & Arnold, Hinesville, for appellant.
    for defendant: David R. Smith Branan, Searcey & Smith, Savannah, for appellee.
    Case Number: A00A0987

    The Court of Appeals adopted the common law doctrine of informed consent providing that physicians and dentists have a duty to inform patients of the known material risks of a proposed treatment or

  • Allen v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven H. Sadow, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney and William H. McClain, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A00A0920

    Defendants must be given the opportunity to impeach the credibility of declarants whose statements are admitted under the medical diagnosis or treatment exception to the hearsay