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  • McGee v. Gast

    Publication Date: 2002-11-01
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    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David W. Griffeth, Athens, for appellant.
    for defendant: Stanley R. Durden, Athens, Daniel S. Wright and Karsten Bicknese Seacrest, Korcsh, Tate & Bicknese, Atlanta, for appellees.
    Case Number: A02A1440

    Defendant did not accuse plaintiff of a crime punishable by law when he commented to an office manager for the Boy Scouts of America that he observed plaintiff, his son and the office manager's son

  • Logistics Int'l Inc. v. Raco/Melaver LLC

    Publication Date: 2002-11-01
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Tom Pye Chesnut, Livingston & Pye PC, Doraville, for appellant.
    for defendant: R. Randy Edwards Kilpatrick Stockton LLP, Atlanta, for appellee.
    Case Number: A02A1416

    No jury question remained as to the termination date of the parties' lease since the tenant's notice contained an obvious typographical error in the surrender date which the landlord acknowledged an

  • Greene v. State

    Publication Date: 2002-10-25
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Renate D. Moody, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Elizabeth K. Bobbitt and Myra H. Kline, Assistant District Attorneys, Macon, for appellee.
    Case Number: A02A0922

    The evidence supported dant's conviction for violating his oath as a public officer where the state produce a copy of the oath signed by a police officer who was sworn in at the same time as th

  • Bickerstaff Automotive Inc. v. Tsepas

    Publication Date: 2002-10-25
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert H. McKnight Jr. Freed & Bermen PC, Atlanta, for appellant.
    for defendant: Neal B. Graham Buzzell, Graham & Welsh LLP and Timothy K. Hall, Macon, for appellee.
    Case Number: A02A1445

    The UCC provision allowing a seller to cure a nonconforming delivery did not preclude plaintiff from rescinding her "new" car lease and suing defendants for fraud after she learned that the car had

  • Bayshore v. State

    Publication Date: 2002-10-25
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gregory W. Lancaster and Lucas O. Harsh Peevy & Lancaster PC, Lawrenceville, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Charles E. Rooks, Assistant District Attorney, Monroe, for appellee.
    Case Number: A02A1425

    The trial court properly denied the defendant's motion to suppress where the officer merely frisked the defendant for weapons after deciding to arrest him for driving without insurance and spe

  • Toliver v. State

    Publication Date: 2002-10-25
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ronald K. Spivey, Ringgold, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, and Douglas R Woodruff, Assistant District Attorney, Ringgold, for appellee.
    Case Number: A02A1805

    Defendant maintained a lookout for his wife while she replaced the bar codes of three expensive items with lower p

  • Builder Marts of Am. Inc. v. Gilbert

    Publication Date: 2002-10-25
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William K. Carmichael and David M. Lilenfeld Stokes, Lazarus & Carmichael LLP, Atlanta, for appellant.
    for defendant: Patrick J. Fox McNally, Fox, Mahler & Cameron, Fayetteville, for appellee.
    Case Number: A02A1454

    A 1998 agreement which modified the terms of the parties or agreement released the guarantor from liability because the guarantor did not expressly consent to renewal or modification of the o

  • Marlowe v. State

    Publication Date: 2002-10-25
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: John T. Strauss, Walton County Public Defender, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Jeffrey L. Foster, Covington, for appellee.
    Case Number: A02A1633

    Defendant committed attempted armed robbery when he threatened an 80-year-old victim in her home with a knife and demanded money from her and he committed a separate offense of aggravated assault wh

  • Johnson v. State

    Publication Date: 2002-10-18
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Victoria D. Little, Decatur, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A02A1588; A02A1589

    The trial court improperly declared a mistrial in defendant's first criminal prosecution where defense counsel's conduct, though contemptuous, did not make it impossible for the trial to pr

  • Morrow v. State

    Publication Date: 2002-10-18
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James P. Brown Jr., McDonough, for appellant.
    for defendant: John T. Rutherford, Charles A. Spahos, Solicitors General, and Lydia M. Ferguson, Assistant Solicitor General, McDonough, for appellee.
    Case Number: A02A1091

    A 911 call that two young intoxicated males were cursing and throwing things off the shelf at a grocery store provided reasonable suspicion to the responding officer to perform an investigative stop