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  • 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:
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    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:
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    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:
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    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

  • Sylvester v. Dep't of Transp.

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Douglas R. Daum, Snellville, for appellant.
    for defendant: . Thurbert E. Baker Jr., Attorney General, Kathleen M. Pacious, Deputy Attorney General, and Loretta L. Pinkston, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: A01A2292

    Plaintiffs' renewal suit against the Department of Transportation failed because they did not serve the Department of Administrative Services, Risk Management Division with their original suit prior

  • Harris v. State

    Publication Date: 2001-11-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Rex B. Abernathy Cook & Connelly, Summerville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Bruce E. Roberts, Assistant District Attorney, Lafayette, for appellee.
    Case Number: A01A1738

    The prosecution improperly placed defendant's character into evidence when it solicited testimony regarding defendant's court appearance on an unrelated robbery c

  • Southern Intermodal Logistics Inc. v. D. J. Powers Co. Inc.

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: M. Brice Ladson Ladson & Suthers LLP, Savannah, for appellant.
    for defendant: Patricia T. Paul Oliver, Maner & Gray, Savannah, Edward D. Tolley Cook, Noell, Tolley, Bates & Michael LLP, Kim T. Stephens, Athens, Robert E. Spears Jr. Greenberg & Traurig LLP, and Michael J. King, Atlanta, for appellee.
    Case Number: A01A1618

    A jury question remained as to when plaintiff discovered or should have discovered its injury from the defendants' alleged wrongful co

  • Rodriguez v. Nunez

    Publication Date: 2001-11-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Yehuda Smolar Smolar, Roseman, Brantley & Seifter, G. Grant Brantley Meadows, Ichter & Trigg PC, Douglas J. Davis Davis Law Group PC, and Antoinette D. Johnson, Atlanta, for appellant.
    for defendant: Seth A. Litman, G. Michael Banick and Michael K. Watson Alembik, Fine & Callner PA, Atlanta, for appellee.
    Case Number: A01A1151

    The trial court should have dismissed plaintiff's superior court paternity action against the administrator of the putative father's since the issues of paternity were ancillary to issues of

  • In the Interest of D. F.

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert A. Kunz Kunz & Assocs., Douglasville, 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 and Philip B. Campbell, Assistant District Attorneys, Atlanta, for appellee. Other party representation: Doris C. Orleck, Newnan.
    Case Number: A01A1335

    Evidence of the mother's inability to care for her children was insufficient to prove that her current relationship with them was detrim