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  • Aquanaut Diving & Eng'g Inc. v. Guitar Ctr. Stores Inc.

    Publication Date: 2013-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Eric Krasle, Athens, for appellant.
    for defendant: Kimyatta McClary Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A13A1559

    The plaintiff had an easement running with the land because the defendant's predecessor-in-interest granted the plaintiff a license to maintain a sign on its property, the plaintiff spent over $34K

  • HWA Props. Inc. v. Community & S. Bank

    Publication Date: 2013-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Matthew Brooks Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: . Bret Thrasher and Aaron Kappler Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: A13A0047

    The bank was not entitled to a deficiency judgment on the note as it failed to comply with the confirmation requirements of O.C.G.A. § 44-1

  • Brooks Peanut Co. Inc. v. Great S. Peanut LLC

    Publication Date: 2013-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Nowell Berreth Alston & Bird LLP, Atlanta, and R. Edgar Campbell Perry & Walters, Albany, for appellant.
    for defendant: Charles Peeler Flynn Peeler & Phillips LLC, Albany, for appellee.
    Case Number: A13A0633

    A broker's written confirmation of a commodities transaction was sufficient to satisfy the Statute of F

  • State v. Al-Khayyal

    Publication Date: 2013-06-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Laura Pfister, and Nels Peterson Georgia Department of Law, Atlanta, for appellant.
    for defendant: Michael Brown and Angela Adams Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A13A0623

    The evidence did not establish that the technology professor had no knowledge of the presence of certain files containing sexually explicit images of young girls in his computer's trash folder while

  • Murtagh v. Emory Univ.

    Publication Date: 2013-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Lauren Goodhart Goodhart Law Firm, Jami Kohn Weinstock & Scavo PC, and Mark Spix, Atlanta, for appellant.
    for defendant: Todd Wozniak, Lindsey Edelmann Greenberg Traurig LLP, and Theodore Eichelberger Alston & Bird LLP, Atlanta, for appellees.
    Case Number: A12A2127

    The trial court erred in its imposition of a $15K fine, since it constituted an adjudication of criminal contempt in excess of $500 per act authorized under O.C.G.A. § 15-6-8 subsect

  • Synovus Bank v. Griner

    Publication Date: 2013-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Steven Collins Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . Michael Terry, Mary Webb Bondurant Mixson & Elmore, James Finley Finley & Buckley, Atlanta, Gerald Davidson Mahaffey Pickens Tucker LLP, Lawrenceville, and C. Ronald Ellington, Athens, for appellees. Amicus: William Custer Bryan Cave LLP, Atlanta.
    Case Number: A12A1822

    The question of whether the overdraft and overdraft protection fees at issue constituted interest under Georgia law could not be determined at the pleadings stage, given the broad definitions of int

  • Calhoun, Ga. NG LLC v. Century Bank of Ga.

    Publication Date: 2013-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Adam Struletz Spielman & Hicks LLC, Atlanta, and William Thompson, Calhoun, for appellant.
    for defendant: James Ledbetter, Calhoun, for appellee.
    Case Number: A12A2231

    An agreement executed and recorded by the predecessors-in-title to the parties' adjoining rties did not prevent the appellee from constructing a convenience store and gas fueling facility on it

  • Burrowes v. Tenet Healthsystem GB Inc.

    Publication Date: 2012-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Thomas Martin Martin & Martin LLP, Tucker, for appellant.
    for defendant: . William Jordan and Samuel Rutherford Alston & Bird LLP, Atlanta, for appellees.
    Case Number: A12A1293

    Res judicata barred the plaintiffs' claims arising out of a commercial lease di

  • Johnson v. Omondi

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Thomas Sampson Thomas Kennedy Sampson & Patterson, and Keith Lindsay Edmond & Lindsay LLP, Atlanta, for appellant.
    for defendant: . Jeffrey Braintwain and Michael Frankson Huff Powell & Bailey LLC, Atlanta, for appellees. Other party representation: Joshua Becker Alston & Bird LLP, Atlanta. Amicus Curiae: Simuel Doster and Hunter Allen Allen McCain & O'Mahoney PC, Atlanta.
    Case Number: A12A1347

    The evidence indisputably showed that the plaintiffs could not prove by clear and convincing evidence that the defendant doctor failed to exercise even slight care in treating their son, now decease

  • Ankerich v. Savko; Savko v. Ankerich

    Publication Date: 2012-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A0974; A12A0975

    Neither the officer's activation of the patrol car's blue lights nor the utilization of the vehicle as a physical barrier to alert motorists to use caution while the officer directed traffic constit