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  • White Oak Homes Inc. v. Community Bank & Trust

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael D. Robl Spears & Robl LLC, Decatur, for appellant.
    for defendant: . Joseph D. Cooley III and Jason A. Dean Hulsey, Oliver & Mahar, Gainesville, for appellee.
    Case Number: A11A2191

    Nexgen Cumming LLC v. State Bank & Trust Co., A11A2170 01/26/12, 12 FCDR 271 02/03/12, adversely decided the appellant's challenge to the admissibility of a publisher's affidavit of publication

  • Congress Street Properties LLC v. Garibaldi's Inc.

    Publication Date: 2012-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Roy E. Paul Bart, Meyer & Company LLP, Savannah, for appellant.
    for defendant: Dana F. Braun and T. Daniel Tucker Callaway Braun Riddle & Hughes PC, Savannah, for appellee.
    Case Number: A11A1715

    The restaurant acquired through adverse possession the right to use certain airspace occupied by a ventilation system encroaching onto neighboring pro

  • McInnis v. Community Bank & Trust; MCIBO Inv. LLC v. Community Bank & Trust

    Publication Date: 2010-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Sheree N. Sheppe and Michael D. Robl Spears & Robl LLC, Decatur, for appellant.
    for defendant: . Jason A. Dean and Joseph D. Cooley III Hulsey, Oliver & Mahar, Gainesville, for appellee.
    Case Number: A10A1497; A10A1498

    The Court reversed an order confirming the sale of property following a non-judicial foreclosure, since the appellee bank failed to show that the sale was properly advertised under OCGA § 19-1

  • Minor v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Sean J. Lowe, Assistant Pub. Defender, Trenton, and David J. Dunn Jr. Public Defender's Office, LaFayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Bruce E. Roberts, Assistant District Attorney, LaFayette, for appellee.
    Case Number: A09A1172

    Any deficiency in the probable cause supporting the search warrant for the defendant's home was harmless, since officers lawfully seized all of the evidence, which the defendant sought to suppress,

  • McBee v. State

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Laura K. Willcox Ballinger & Assocs., Canton, for appellant.
    for defendant: Joe W. Hendricks Jr., District Attorney, and David V. Rhoden District Attorney's Office, Ellijay, for appellee.
    Case Number: A08A1937

    Officers found methamphetamine under the passenger seat where the defendant was sitting, as well as a syringe and brass knuckles in the defendant's pockets, and the defendant admitted giving a false

  • Coote v. Branch Banking and Trust Co.

    Publication Date: 2008-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0365

    The plaintiff, an experienced real estate investor, failed to exercise ordinary care for his interests, since he took no steps to verify that the real property at issue's stated value was co

  • Alea London Ltd. v. Lee

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Alissa C. Malone Fields, Howell, Athans & McLaughlin LLP, Atlanta, for appellant.
    for defendant: Mark W. Alexander Stewart, Melvin & Frost, Joseph D. Cooley III Hulsey, Oliver & Mahar PC, and J. Douglas Stewart, Gainesville, for appellee.
    Case Number: A07A0722

    CGL policy's voluntary labor exclusion did not apply to plaintiff's negligence action, since the insurance carrier failed to prove that the plaintiff was acting as a volunteer when he was in

  • Forbes v. State

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1893

    The defendant's repeated sexual molestation of his daughter almost every night from the time she was 13 until she was 16 supported the defendant's convictions for rape, incest, child molestation, ag

  • Collins v. City of Summerville

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Sanford M. Hill, Summerville, for appellant.
    for defendant: Phillip E. Friduss and Kenneth D. Jones Hall, Booth, Smith & Slover PC, Atlanta, Smith & Slover, Atlanta, for appellee.
    Case Number: A06A2421

    The plaintiff failed to present evidence that the city willfully or maliciously failed to warn him of a park swing's dangerous cond

  • Gulfstream Aerospace Servs. Corp. v. United States Aviation Underwriters Inc.

    Publication Date: 2006-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Christopher D. Britt and Brent J. Savage Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: Fred S. Clark Clark, Clark & Steinmetz, Savannah, Jon A. Kodani and Jeffrey J. Williams Law Office of Jon A. Kodani, Santa Monica, Calif., for appellees. Other party representation: J. Arthur Mozley Mozley, Finlayson & Loggins, Atlanta.
    Case Number: A06A0660

    One who undertakes to render services has a duty to exercise reasonable care, and some evidence showed that appellant's subsidiary undertook review of an airplane's logbooks in 1998 for compliance w