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  • State v. Coe

    Publication Date: 2000-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ralph T. Bowden Jr., Solicitor, Gwendolyn R. Keyes, Solicitor General, Lauren E. Waller and Thomas E. Csider, Assistant Solicitors, Decatur, for appellant.
    for defendant: Steven P. Berne, Atlanta, for appellee.
    Case Number: A99A1751

    Police officer did not have to give a Miranda warning to DUI arrestee before asking him to submit to a state-administered urine test after he had taken a blood test. The contrary holding in State v.

  • Pacific Grove Holding LLC v. Hardy

    Publication Date: 2000-05-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Nicholas S. Papleacos Shapiro, Fussell, Wedge, Smotherman & Marti, Atlanta, for appellant.
    for defendant: Jeffrey B. Talley Jeffrey V. Talley & Assocs. PC, Dallas, and Charles L. Davis Jr. Talley & Darden, Marietta, for appellee. Other party representation: Charles E. Buker III Perrie, Thompson & Buker PC.
    Case Number: A99A1928

    Jury questions remain as to whether seller orally waived time of performance in option con

  • Johnson v. Atlanta Housing Auth.

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Allen F. Harris Gill, Peterson & Harris PC and James N. Sadd Slappey & Sadd, Atlanta, for appellant.
    for defendant: W. Seaborn Jones, Elizabeth Knight and Roger K. Whitesides Gleaton, Scofield, Egan & Jones, Atlanta, for appellee.
    Case Number: A99A1898

    Landlord was not liable for tenant's being shot while sitting on a bench outside his apartment building, because tenant was aware of the danger of sitting on that bench at night and he failed to pay

  • Arnold v. State

    Publication Date: 2000-05-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Victor A. Cuvo, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, and Jeffrey L. Ballew, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A99A2490

    Jurors' discussion of defendant's case during a trial break did not harm defendant, since the trial court gave a curative instruction and determined that no juror stated an opinion as to the defenda

  • Heston v. Lilly

    Publication Date: 2000-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Van C. Wilks, Carrollton, for appellant.
    for defendant: Stuart Theodore Allen & Assocs., Atlanta, for appellee.
    Case Number: A99A2509

    The trial court erred in denying the plaintiff's motion for a new trial without hearing oral arguments as mandated by Uniform Superior Court Rul

  • Pine Tree Publ'g Inc. v. Community Holdings Inc.

    Publication Date: 2000-04-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Warren R. Power Power & Westbury LLP, Stockbridge, for appellant.
    for defendant: Katharyne C. Johnson Smith, Welch & Brittain, McDonough, for appellees.
    Case Number: A99A1829

    The trial court had no authority to open the defendant's default under O.C.G.A. § 9-11-55 b without considering whether the plaintiff's final judgment could be set aside pursuant to O.C.G.A. § 9-11

  • Artzner v. A & A Exterminators Inc.

    Publication Date: 2000-04-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Carol V. Clark and Peter L. Lublin McCalla, Raymer, Padrick, Cobb, Nichols & Clark, Atlanta, for appellant.
    for defendant: . G. Melton Mobley Lokey & Smith, Atlanta, for appellees. Other party representation: Allen R. Hirons Krause & Hirons, Marietta.
    Case Number: A00A0620

    The plaintiffs could not rely on a termite inspection report that stated there was no active infestation in the home they purchased from the defendant since they knew the home had prior termite dam

  • Manzi v. Cotton States Mut. Ins. Co.

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Charles A. Gower, Columbus, for appellant.
    for defendant: Edward L. Long Jr. Willis, McKenzie & Long, LaGrange, for appellee.
    Case Number: A99A2021

    The plaintiff lost her right to seek uninsured motorist benefits because her insurance policy required her to notify the defendant within 60 days of her accident with the uninsured driver and she fa

  • State v. Warren

    Publication Date: 2000-04-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellant.
    for defendant: Michael G. Kam and Brian D. Lewis Kam & Ebersbach PC, Newnan, for appellee.
    Case Number: A99A2085

    The trial court applied the wrong standard of proof when it ruled that the officer lacked "probable cause" to stop the defe

  • Department of Transp. v. Arnold

    Publication Date: 2000-04-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, R.O. Lerer, Assistant Attorney General, Donna W. Howell James S.S. Howell Law Offices, Robert W. Diggs Weiner, Yancey & Dempsey and Mark Weinstein, Atlanta, for appellant.
    for defendant: Luke F. Gore Gore, Lee & Curry, Austell, for appellee.
    Case Number: A00A0646

    Owner of condemned property could recover for his post-taking business losses because he showed that he had to relocate his chiropractic clinic after the DOT condemned most of his parkin