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  • Baiye v. Gober

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Patricia K. Buonodono, Kennesaw, for appellant.
    for defendant: . John A. Roberts The Roberts Law Firm, Atlanta, for appellee.
    Case Number: A02A0866

    A jury question remained as to whether p ff served defendants with his request for admissions since the return of service did not indicate service of anything other than the summons and comp

  • HCP III Woodstock Inc. v. Healthcare Servs. Group Inc.

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Harold M. Bagley and Karen K. Karabinos Drew, Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: . Charles R. Beans Hawkins & Parnell, Burke B. Johnson Carter & Ansley, Mark T. Dietrichs and Erik S. Rodriguez Swift, Currie, McGhee & Hiers, McGhee & Hiers, Atlanta, for appellees.
    Case Number: A01A2308

    Employee's statement that dryer that allegedly caused fire at nursing home was defective was not admissible under O.C.G.A. § 24-3-31 to establish a jury issue concerning defendant's knowledge of the

  • Georgia Dep't of Pub. Safety v. Robinette

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Christopher S. Brasher, Senior Assistant Attorney General, and James J. Phillips, Assistant Attorney General, Atlanta, for appellant.
    for defendant: . Monte K. Davis, Atlanta, for appellee.
    Case Number: A01A2030

    O.C.G.A. § 40-5-67.1 g 2 F requires a showing that chemical testing was properly administered to support the administrative suspension of a driver's license for suspecte

  • Mimms v. State

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: George A. Stein Law Offices of George A. Stein, and Monte K. Davis, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Katherine Diamandis, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A01A1988

    Defendant's counsel waived a hearing on defendant's motion for new trial by failing to appear at the scheduled hearing which had been reschedule eight times over a 1-year period, partly due to defen

  • Ishak v. Lanier Contractors Supply Co.

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ronald K. Woods, Atlanta, for appellant.
    for defendant: Dana B. Miles Miles, McGoff & Moore LLC, Atlanta, for appellee. Other party representation: Edward F. Danowitz, Atlanta.
    Case Number: A01A1844

    Evidence that an individual defendant conveyed a corporation's primary asset to himself without payment of adequate consideration and appropriated corporate funds for his own personal use supported

  • Hill v. Centennial/Ashton Properties Corp.

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John A. Roberts The Roberts Law Firm, Atlanta, for appellant.
    for defendant: . John K. Train IV Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Thomas A. Graham, Atlanta, and Warren R. Hinds, Roswell, for appellees.
    Case Number: A01A2434

    The express language of the parties' contingency fee a nt provided for the calculation of attorneys' fees based on the attorney's hourly rate for work she performed prior to termination of the

  • State Personnel Bd. v. McCormick

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, and Bryan K. Webb, Assistant Attorney General, Atlanta, for appellant.
    for defendant: . Sandra L. Michaels, Atlanta, for appellee.
    Case Number: A02A0019

    Under OCGA § 24-3-2, conversations and similar evidence are admissible as original evidence in a legal investigation to explain conduct and ascertain mo

  • Phillips v. South West Mechanical Contractors Inc.

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Douglas R. Powell, Debra K. Haan Hinton & Powell, and Scott E. Tinnon, Atlanta, for appellant.
    for defendant: . William P. Tinkler Jr., Decatur, Robert F. Dangle Price, Pyles, Dangle, Parmer & Rooks, Carrollton, Charles A. Wiley Jr. and James A. Rice Jr. Fain, Major, Wiley & Brennan PC, Atlanta, for appellees.
    Case Number: A01A1935

    Plaintiffs' wrongful death claim arising out of an accident involving an stolen ATV and a disabled dump failed because there was no evidence that defendant was negligent in leaving the disable

  • Jones v. Bank of Am. Mortgage, f/k/a NationsBank Mortgage

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Earl A. Davidson Giddens, Davidson & Mitchell, Atlanta, for appellant.
    for defendant: Larry W. Johnson Morris, Schneider & Prior LLC, Atlanta, for appellee.
    Case Number: A02A0216

    The evidence showed that plaintiff failed to make his monthly installment payments on a promissory note when due and the terms of the note allowed the holder to sell the secured property at auction

  • Hall v. State

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joshua D. Earwood, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Sharon M. Fox, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A02A0587

    The trial court properly excluded the victim's prior accusation of molestation because defendant failed to show that the accusation had a reasonable probability of being