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  • Cherokee County v. Martin

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Theodore Freeman, Dana K. Maine Feeman, Mathis & Gray, Atlanta, and John D. Thalhimer, Staff Attorney, Marietta, for appellant.
    for defendant: . James S. Teague Brockman & Teague LLC, Cumming, and Joel L. Larkin Sams & Larkin, Marietta, for appellee.
    Case Number: A01A0265

    The county's failure to make the zoning of plaintiff's property expressly conditional on co ce with his plan to build an assisted living facility prevented the county from insisting on strict c

  • Williams v. State

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Paola F. Torselli Office of DeKalb County Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Jeanne M. Canavan, Assistant District Attorney, Decatur, for appellee.
    Case Number: A01A1688

    The trial court's error in admitting the victim's out-of-court statements about a letter recanting her accusations was harmless because the evidence was cumul

  • McCormick v. Harris

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: George R. Ellis Jr. Ellis & Easterlin PC, Americus, for appellant.
    for defendant: . Robert K. Raulerson Perry & Walters LLP, Albany, for appellee.
    Case Number: A01A1960

    The Court of Appeals had jurisdiction over a husband and wife's direct appeal of a $1,500 judgment for the wife because the jury awarded the husband zero damages on his loss of consortium

  • Evans v. Fred D. Marshall Jr. d/b/a Parade of Homes

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ronald S. Iddins, Columbus, for appellant.
    for defendant: . Richard E. Flowers, Columbus, for appellee.
    Case Number: A01A2113

    The trial court erred in finding that defendants were in default based on their failure to respond to plaintiff's amended complaint since a defendant is not required to answer an amended complaint u

  • Atlanta Affordable Hous. Fund Ltd. Partnership v. Brown b/n/g Tascena Jennings

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Corliss S. Lawson Lord, Bissell & Brook, and Earnest Redwine Devlin & Robinson PC, Atlanta, for appellant.
    for defendant: . Thomas W. Malone, Stuart B. Houck, Rosser A. Malone Thomas W. Malone PC, and Sheryl L. Burke, Atlanta, for appellees.
    Case Number: A01A1768

    Defendants were not entitled to a directed verdict, j.n.o.v. or new trial based on their claim that a 9-year-old's conduct was the sole proximate cause of her injuries since causation is a jury matt

  • In the Interest of D.W.A., J.W.A., K.D.A. and H.W.A.

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William H. Newton III, Rome, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, and Shalen S. Nelson, Assistant Attorney General, Atlanta, for appellee. Other party representation: Holly A. Bradfield, Rome.
    Case Number: A01A2444

    Evidence that the mother failed to support her children, failed to follow through with individual or family therapy, failed to obtain her GED or stable employment and failed to maintain a safe and s

  • Glatfelter v. Delta Air Lines Inc.

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: L. Matt Wilson, Anthony O. Lakes and Davis K. Loftin The Wilson Law Firm PC, Atlanta, for appellant.
    for defendant: . Michael L. Goldberg, Atlanta, for appellee.
    Case Number: A01A2048

    Defendant's delay in providing wheelchair assistance to a handicapped person at an airport was not the proximate cause of the man's injury's which resulted from his decision to walk to his connectin

  • Smith v. Jackson Elec. Membership Corp.

    Publication Date: 2002-01-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Daniel MacDougald III Butler & MacDougald PC, Atlanta, for appellant.
    for defendant: . Earl W. Gunn, Sue K. Nichols and Christopher H. Smith Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellees. Other party representation: John W. Campbell and Sharon L. Neal Swift, Currie, McGhee & Hiers, Atlanta.
    Case Number: A01A2324

    A utility protection center and electric membership corporation were not insulated from liability in a wrongful death suit based on the general contractor's failure to notify the UPC of a delay in c

  • Carter v. State

    Publication Date: 2002-01-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A01A1735

    The state is not required to re-serve its discovery materials on each new attorney a felony defendant re

  • Smith v. State

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John T. Strauss, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A01A2404

    A co-conspirator's taped telephone conversations that took place within 1 hours of the crime were admissible, even though the statements related to past facts, since the state presented independent