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  • In the Interest of A. D. L. III

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William G. Maston, Savannah, for appellant.
    for defendant: Adam P. Cerbone and Lawrence E. Madison, Savannah, for appellee.
    Case Number: A01A2350

    Evidence that the biological father failed to pay court-ordered child support for 19 months and failed to contact his son for 20 months prior to the termination hearing supported the termination of

  • Hawthorne Grading and Hauling v. Rampley

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Anthony J. Morgese, Woodstock, for appellant.
    for defendant: Richard W. Calhoun and John K. Wells Brock, Clay, Calhoun, Wilson & Rogers PC, Marietta, for appellee.
    Case Number: A01A1900

    Under O.C.G.A. § 13-4-103 b, a creditor who knew there was a dispute as to the amount due on the debt could not avoid the defense of accord and satisfaction after the creditor accepted the debtor's

  • Calabro v. Liberty Mut. Fire Ins. Co.

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Michael M. Calabro, Alpharetta, and Mark A. Barber Hicks, Casey & Barber PC, Marietta, for appellant.
    for defendant: Harold M. Bagley and Karen K. Karabinos Drew, Eckl & Farnham LLP, Atlanta, for appellee.
    Case Number: A02A0277

    An insurance company was not obligated to pay its insured's claim for the loss of a diamond engagement ring that his former wife sold to pay for her attorneys'

  • Ye v. The Kroger Co.

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alan B. Fecteau, Clarkesville, for appellant.
    for defendant: Douglas A. Wilde Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellee.
    Case Number: A01A1637

    Defendant had probable cause to prosecute plaintiff for shoplifting based on plaintiff's admission that he placed a box of condoms in his pocket and failed to pay for them before exiting defendant's

  • Coleman v. State

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert C. Harper, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Woodbine, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A01A1726

    Any violation of Bruton was harmless, given the overwhelming evidence of defendant's

  • 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