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  • State v. Allen

    Publication Date: 2003-08-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James D. McDade, District Attorney, Christopher R. Johnson and Pamela D. Brophy, Douglasville, for appellant.
    for defendant: Frank C. Winn Winn, Price & Winn, Douglasville, and Bert W. Cohen, Marietta, for appellee.
    Case Number: A03A1548, A03A1549

    Nothing in O.C.G.A. § 17-7-53.1 allows a quashed accusation to trigger the prosecutor

  • Allen v. Edge

    Publication Date: 2003-07-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ralph M. Allen, Atlanta, proceeded pro se. W. Ashley Hawkins, Forsyth, for appellee.
    for defendant:
    Case Number: A03A0666

    The administrator of an e can seek repayment of property taxes he advanced, despite his interest in the property as an heir of the e

  • Mattox v. Condo

    Publication Date: 2003-06-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James T. Budd and Brian W. Sprinkle Mabry & McClelland, Atlanta, for appellant.
    for defendant: . Peter A. Law, Davis K. Loftin Peter A. Law PC, and Arthur L. Myers Jr. Allen & Assocs., Atlanta, for appellee.
    Case Number: A03A0734

    Gwinnett County was the proper venue for an action seeking to enforce a settlement agreement arising out of underlying traffic accident where the first defendant resided in Gwinnett County and the s

  • Georgia Oilmen's Assoc. v. Georgia Dep't of Revenue

    Publication Date: 2003-06-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David L. Turner and Lou Litchfield Schulten, Ward & Turner LLP, Atlanta, for Georgia Oilmen's Assoc. Thurbert E. Baker Jr., Attorney General, Daniel M. Formby, Deputy Attorney General, William W. Banks Jr. and John B. Ballard Jr., Assistant Attorneys General, Atlanta, for Georgia Dep't of Revenue. Other party representation: Mark H. Cohen Troutman Sanders, Fred B. Kitchens Jr. Wine & Spirits Wholesalers of Ga. Inc., and Ronald W. Rogers Stack & Rogers, Atlanta.
    for defendant:
    Case Number: A03A0474; A03A0475

    Department of Revenue Rule 560-2-4-.02 correctly reflects the plain language of O.C.G.A. § 3-5-31 a and absolutely prohibits malt beverage retailers from buying beer from wholesalers outside of thei

  • Singleton v. Terry

    Publication Date: 2003-06-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: E. Davison Burch Blasingame, Burch, Garrard, Bryant & Ashley, Athens, for appellant.
    for defendant: . Robert E. Jones, Madison, for appellees.
    Case Number: A03A1394; A03A1395

    The deceased partner's estate had a right of action under O.C.G.A. § 14-8-42 for the value of his interest in the partnership at the time of dissol

  • Watts v. State

    Publication Date: 2003-05-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: David H. Jones King & King & Jones PC, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A03A0929

    The invalidity of a search warrant, resulting in the seizure of DNA ce against the defendant, was res judicata because the Georgia Supreme Court previously held that the state did not meet its

  • Carter v. State

    Publication Date: 2003-05-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Christopher P. Twyman Hine & Niedrach PC, Rome, for appellant.
    for defendant: Bryant G. Speed II, District Attorney, and Charles S. Cox, Assistant District Attorney, Rome, for appellee.
    Case Number: A03A0766

    Defendant agreed to sell drugs to an informant, set the price, met the informant at the agreed location, sent a third party to retrieve the drugs and waited with the informant for the third party's r

  • Howard v. Brantley County, Ga.

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Phillip N. Golub Houston & Golub PC, Blackshear, for appellant.
    for defendant: . W. Vincent Settle III, Waycross, for appellee.
    Case Number: A03A0886

    The county could not negotiate a contract for road striping services outside of the statutory bidding process because O.C.G.A. § 32-1-3 6 expressly defines road striping as a form of road constructi

  • Head v. Brown

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Charles W. Stephens Stephens & Shuler, Gainesville, and W. Ashley Hawkins, Forsyth, for appellant.
    for defendant: Edward L. Long Jr., Mark L. Degennaro Willis, McKenzie & Long, LaGrange, Paul E. Weathington and Dena K. Stoddard Allen & Weathington PC, Atlanta, for appellees.
    Case Number: A02A2366

    The original trial court retained jurisdi to revoke its transfer of venue in the underlying medical malpractice case because the trial court did not transfer jurisdi

  • Goldston v. Bank of Am. Corp.

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Scott R. King and Andrew N. Gross Slater & King, Atlanta, for appellant.
    for defendant: William J. Linkous Jr., David G. Ross, Nicole J. Wade and Heather E. Harper Powell, Goldstein, Frazer & Murphy, Atlanta, for appellees.
    Case Number: A02A2431

    If proven, the allegations in the plaintiff's complaint were sufficient to show that fraud tolled the 10-year statute of limitation on her claims against a bank involving the bank's management of tr