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  • RTS Landfill Inc. f/k/a Sanifill of Ga. Inc. v. Appalachian Waste Sys. LLC

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Henry F. Sewell Jr. and Sarah McCormack Long, Aldridge & Norman LLP, Atlanta, for appellant.
    for defendant: . Seaton D. Purdom, Robert G. Brazier and Steven G. Hall Gambrell & Stolz LLC, Atlanta, for appellees.
    Case Number: A03A2027

    The Court reversed the grant of declaratory relief to the defendant on its counterclaim concerning the enforceability of an agreement between the parties because the trial court failed to apply the

  • Morrison Homes of Fla. Inc. v. Wade

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: G. Phillip Beggs and Amy K. Weber Moore, Ingram, Johnson & Steele LLP, Marietta, for appellant.
    for defendant: Russell D. King and Patrick N. Millsaps Dupree, Poole & King, Marietta, for appellees. Other party representation: George L. Welborn Downey, Cleveland, Parker & Williams, Marietta.
    Case Number: A03A2289

    The damages awarded to the plaintiffs on their claims arising from the building of their home were within the range of the evidence because the contractor they hired to inspect the home provided a d

  • Pope v. State

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Brett D. Turner Turner & Willis PC, Gainesville, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A03A2186

    The evidence authorized the jury to find the defendant guilty as a party to the crimes of armed robbery, kidnapping, false imprisonment, burglary and aggravated assault with a deadly weapon arising

  • In the Interest of D. M. W., a child

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Faye E. Hays, Stockbridge, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Jason T. Harper Crumbley & Crumbley, McDonough, for appellee. Other party representation: William D. Patten Jr., Stockbridge.
    Case Number: A03A2558

    The mother's continued incarceration since the child was 6 months old with the potential to serve 9 more years and the lack of a significant bond between the mother and the child supported the term

  • Nash v. Ohio Nat'l Life Ins. Co.

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Hayes M. Dever and Patricia J. Duffy Friedman, Dever & Merlin LLC, Atlanta, for appellant.
    for defendant: Allen S. Willingham Love & Willingham, and Michael T. Thornton, Atlanta, for appellees.
    Case Number: A03A1822; A03A1823

    The plaintiff was on notice in 1992 that the life insurance policy he purchased was a variable life insurance policy since his accountant informed him at that time that the policy was based on a pro

  • Georgia Dep't of Human Resources v. Odom

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, Bryan K. Webb, Senior Assistant Attorney General, and Kendal L. Kerew, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Jerry W. Brimberry Brimberry, Kaplan & Brimberry PC, Albany, for appellee.
    Case Number: A03A2164

    Some evidence supported the state personnel board's termination of the plaintiff's employment as a health service technician for a psychiatric fac

  • Hammond v. Carnett's Inc.

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Marc B. Hershovitz, Michael K. Jablonski, Atlanta, Roy E. Barnes and John F. Salter Jr., Marietta, for appellant.
    for defendant: Richard C. Foster Hicks, Casey & Barber PC, Marietta, for appellee. Other party representation: Robert B. Hocutt, Mark D. Lefkow Nall & Miller LLP, Isaac Byrd, Deputy Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, and Daniel S. Walsh, Assistant Attorney General, Atlanta.
    Case Number: A03A2487

    The trial court abused its discretion in finding that the plaintiff failed to satisfy the numerosity, commonality, typicality and superiority requirements for class certification in her action broug

  • Cochran v. State

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Mark A. Hinds, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Charles P. Boring, Assistant District Attorney, Newnan, for appellee.
    Case Number: A04A0667

    The victims' in-court identifications of defendant as one of the perpetrators corroborated his 17-year-old accomplice's test

  • White v. State

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: William T. McBroom III, District Attorney, Thomaston, Tommy J. Ison and Jamie K. Inagawa, Assistant District Attorneys, Fayetteville, for appellee.
    Case Number: A03A2206

    The court erred in admitting evidence of defendant's three prior shoplifting convictions during the guilt/innocence stage of

  • Cox v. City of Atlanta

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven K. Leibel and Michael T. McCulley Casey, Gilson & Leibel PC, Atlanta, for appellant.
    for defendant: . Jerry L. DeLoach, Deputy City Attorney, and Serena L. Sparks, Assistant City Attorney, Atlanta, for appellees.
    Case Number: A03A2387

    The plaintiffs failed to show that the defendants were strangers to the plaintiffs' contract to provide security for a baseball st