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  • Carter v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Henry A. Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and George W.K. Snyder Jr., Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A1194

    The state did not have to prosecute two indictments against defendant separately since his stabbing the victim and kidnapping her two months later while out on bail showed a common

  • Ryland Group v. Daley

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: F. Carlton King Jr. King & Craft, Atlanta, for appellant.
    for defendant: Richard J. Capriola and Jett Harris Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A00A1656, A00A1657

    The builder's refusal to repair the plain home until they released money held in escrow under the construction contract supported the award of bad faith attorneys' fees to plain

  • Smith v. Persichetti

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Russell L. Adkins Jr. Adkins & Whitfield, Marietta, for appellant.
    for defendant: Nisbet S. Kendrick III and Caroline K. Bell Womble, Carlyle, Sandridge & Rice, Atlanta, for appellees.
    Case Number: A00A0141

    Lessees were entitled to the return of a $125,000 payment to their lessor as the payment was not consideration for an option to purchase the property, but merely a down payment they were entitled to

  • NF Invs. Inc. v. Whitfield

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Scott H. Michalove and Peter L. Lublin McCalla, Raymer, Padrick, Cobb, Nichols & Clark, Atlanta, for appellant.
    for defendant: James M. Barnes, Dalton, for appellee. Other party representation: Harry B. White White & Choate, Cartersville.
    Case Number: A00A2077

    Because the trial court's award of damages to the plaintiff was less than $10,000, defendant could not file a direct a

  • Treglown v. K-Mart Corp.

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bobby L. Cook, Summerville, Charles G. Price Smith, Price & Wright, Rome, for appellant.
    for defendant: James S. Strawinski Strawinski & Goldberg LLP and George A. Koenig Dennis, Corry, Porter & Gray, Atlanta, for appellee.
    Case Number: A00A0723

    The plaintiff was not entitled to a new trial on his loss of consortium claim since there was conflicting evidence as to whether his wife's fatigue and lack of energy was related to her physical inj

  • Alta Anesthesia Assocs. of Ga. PC v. Gibbons

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Roy E. Paul, Walter C. Hartridge Bouhan, Williams & Levy, Savannah, Robert W. Webb Jr., James A. Lamberth and David B. Foshee Troutman & Sanders LLP, Atlanta, for appellant.
    for defendant: Anthony L. Cochran, John K. Larkins Jr. Chilivis, Cochran, Larkins & Bever, Atlanta, and John J. Ossick Jr., Kingsland, for appellee. Other party representation: Wallace E. Harrell Gilbert, Harrell, Gilbert, Sumerford & Martin, Brunswick.
    Case Number: A00A0238

    Trial court's charge on conspiracy was harmless, since defendant did not objection and a finding of a conspiracy was not essential to recovery by Gi

  • Montero v. State

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James G. Blanchard Jr. Fleming, Blanchard, Jackson & Durham and Paul W. David, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A00A0681

    The officer's detaining defendant without probable cause tainted the subsequent search and seizure of a sealed box of marijuana in the truck o defendant'

  • Plantation Pipeline Co. v. Royal Indemnity Co.

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard A. Horder, Thomas K. Bick, Edmund M. Kneisel Kilpatrick Stockton LLP and Edward T. Floyd, Atlanta, for appellant.
    for defendant: Michael J. Athans and Corliss L. Worford Lord, Bissell & Brook, Atlanta, for appellee.
    Case Number: A00A0690

    The plaintiff's insurer had no duty to defend and indemnify the plaintiff for damage caused by petroleum leaks when the plaintiff failed to notify the insurer about the leaks for 25

  • Bennett v. Cotton

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0091

    Plaintiff's tort claims arising out of her husband's construction contract with defen were barred by the prior arbitration proceeding between her husband and the defen

  • Exum v. Melton

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Converse Bright, Valdosta, and William Q. Bird Bird, Ballard & Still, Atlanta, for appellant.
    for defendant: . Thomas S. Chambless and Charles K. Wainright II Watson, Spence, Lowe & Chambless, Albany, for appellees.
    Case Number: A00A0846

    Although venue vanished when plaintiffs dismissed the only resident defendant, the trial court retained jurisdiction to consider defendant's motion to dismiss due to insufficiency of service of pr