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  • Dyer v. Honea

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gregory W. Lancaster Peevy & Lancaster PC, Lawrenceville, for Dyer. William M. Droze Troutman Sanders, Atlanta, Jerry A. Daniels Daniels & Taylor, Dennis L. Collins III, Lawrenceville, and Jonathan J. Wade Webb & Lindsey, Peachtree City, for Joel Honea. Jerry A. Daniels Daniels & Taylor, Lawrenceville, for Robert Honea. Daniel S. Reinhardt and William M. Droze Troutman Sanders, Atlanta, for Wayne Bailey. Other party representation: Walter M. Britt Chandler & Britt, Buford.
    for defendant:
    Case Number: A01A0991; A01A0992; A01A0993

    The pendency of plaintiff's viable claims against other defendants did not bar his legal malpractice claim because the alleged malpractice did not arise out of the defending attorney's handling of a

  • BP Exploration & Oil Inc. v. Jones

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Gerald L. Mize Jr., George N. Mori, Douglas G. Scribner and Paul J. Kaplan Alston & Bird, Atlanta, for BP Exploration & Oil. Preyesh K. Maniklal, Hardy Gregory Jr., Gary C. Christy Gregory, Christy & Maniklal, Cordele, and Christopher N. Smith, Macon, for Jones. Other party representation: William D. Harrison Mozley, Finlayson & Loggins, Atlanta, and Luanne Clark Moore, Clarke, Duvall & Rogers PC, Albany.
    for defendant:
    Case Number: A01A1207; A01A1208

    A n l oil company was not vicariously liable for the plaintiff's injuries at an independently owned gas st

  • Hill v. State

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John R. Greco, Marietta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Todd H. Ashley and Jessica K. Moss, Assistant Solicitor General, Marietta, for appellee.
    Case Number: A01A2542

    Defendant was not in custody when she voluntarily returned to the scene of an accident in the investigating officers' patro

  • Horton v. State

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Joel C. Pugh and John C. Barrett Cook & Pugh, Marietta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Jessica K. Moss and John W. Nichols, Assistant Solicitors General, Marietta, for appellee.
    Case Number: A01A2063

    The trial court erred in reseating an African-American prospective without shifting the burden back to the state after defendant offered a race-neutral reason for striking the prospective

  • Nelson v. State

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Wallace C. Clayton, Austell, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Jessica K. Moss and John W. Nichols, Assistant Solicitors General, Marietta, for appellee.
    Case Number: A01A1414

    The arresting officer's concern that a fight was about to break out in defendant's moving vehicle provided probable cause for a traffic

  • Sherrill v. Stockel

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Albert A. Myers III Mumford, Myers & Mooney, Conyers, for appellant.
    for defendant: Bill W. Crecelius Jr., Decatur, for appellee.
    Case Number: A01A1369

    Plaintiff could not establish a necessary element of his malicious prosecution claim because the dismissal of his prosecution for criminal trespass resulted from a compromise and agreement between t

  • In the Interest of A. A. & C. O. A.

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Gregory A. Voyles, and Vernita L. Lee, Valdosta, for appellant.
    for defendant: . Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant District Attorney, Atlanta, and Charles R. Reddick, Homerville, for appellee. Other party representation: William S. Steinberg Coleman, Talley, Newbern, Kurrie, Preston & Holland, Valdosta.
    Case Number: A01A1422; A01A1423

    The trial court erred in allowing a newly appointed caseworker to read a summary which she prepared from the prior caseworker's

  • Wilder v. Jefferson Ins. Co. of New York

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sandra L. Doyle Holland & Knight, Norman S. Epstein, Atlanta, and Jonathan P. Sexton, Stockbridge, for appellant.
    for defendant: . James M. Poe, James L. Creasy III, and Catherine E. Diamond Drew, Eckl & Farnham LLP, Atlanta, for appellee. Other party representation: John W. Scott, Atlanta, Sabrina K. Bozeman, Stone Mountain, and C. T. Defranks Lacosta Recovery Services, Alpharetta.
    Case Number: A01A1410

    A certificate of insurance which was issued by an insurance agent did not confer coverage on a tow truck which was never added to the insured's policy because the agent had no authority to bind the

  • Conner v. Hart

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: John D. Hipes Hipes & Norton, Alpharetta, and Joseph C. Peake III Hipes & Norton, Norcross, for appellant.
    for defendant: L. Matt Wilson and David K. Loftin The Wilson Law Firm PC, Atlanta, for appellee.
    Case Number: A01A0877

    Even if defendant concealed some aspects of selling his partnership's store, plaintiff suffered no injury because defendant never completed the

  • Melton v. State

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Walter K. Melton, Macon, proceeded pro se. Patrick H. Head, District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.
    for defendant:
    Case Number: A01A1571

    Defendant failed to show any discriminatory purpose in the trial court's imposition of a sentence that was authorized by law for his conviction for kidnapping with bodily i