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  • State v. Simmons

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Carmen D. Smith, Solicitor General, Jodi L. Harter and Jody L. Peskin, Assistant Solicitors General, Atlanta, for appellant.
    for defendant: Mark A. Hansford Head, Thomas, Webb & Willis, and Michael M. Hawkins The Chestney Hawkins Law Firm, Atlanta, for appellee.
    Case Number: A04A1671

    The DUI defendant could not withdraw his duly given consent to a state-administered blood alcohol test 11 days after the blood was

  • Garmon v. State

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey S. Purvis Tanyard Oaks, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Assistant District Attorney, Cumming, for appellee.
    Case Number: A04A1560

    O.C.G.A. § 16-13-31 e 3 mandates a 25-year sentence for trafficking in more than 400 grams of methamphet

  • J & M Aircraft Mobile T Hangers Inc. v. Johnston County Airport Auth.

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jack F. Witcher and Daniel B. Greenfield, Bremen, for appellant.
    for defendant: . David S. DeLugas, Marietta, for appellee. Other party representation: J. H. Chattin The Georgia Tribe of E. Cherokee, Dahlonega.
    Case Number: A04A1646

    State courts are divested of jurisdiction by tribal courts as a matter of law only when exercised over Indians or activities on Indian

  • Allen v. Jones

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gerald W. Brown, Athens, for appellant.
    for defendant: . J. Hue Henry, Athens, for appellee.
    Case Number: A04A1818

    There was no evidence that the servicing agent knowingly or intentionally participated in the alleged fraud that formed the basis of the plaintiffs' RICO claim involving the sale of viatical settlem

  • Rice v. Lost Mountain Homeowners Assoc. Inc.

    Publication Date: 2004-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: J. Andrew Rice and Kathryn W. Rice, Powder Springs, proceeded pro se. Richard W. Calhoun Brock, Clay, Calhoun, Wilson & Rogers, Marietta, for appellees.
    for defendant:
    Case Number: A04A1244

    The plaintiffs' 11-foot-high white vinyl fence violated the restrictive covenants applicable to their

  • Leventhal v. Cumberland Dev. LLC

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Herman Clark Clark & Clark, Ellijay, and Lee M. Bagel, Marietta, for Leventhal and others. Glen E. Stinson, Dallas, for Cumberland Dev. LLC. Other party representation: Hansell L. Smith Smith, Eubanks, Smith & Darden, and Mike D. Harrison, Marietta.
    for defendant:
    Case Number: A04A0699; A04A0700

    There was no evidence that the defendants agreed to a consent order drafted by the plaintiff's att

  • Saxon v. State

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven L. Sparger Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ronald M. Adams, Assistant District Attorney, Savannah, for appellee.
    Case Number: A03A1674

    The defendant repeatedly drove his companion to daycare parking lots where she carried out car break-ins and thefts and drove her to establishments where she forged the stolen c

  • Reichman v. Southern Ear, Nose & Throat Surgeons PC

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark Ford Anderson Dailey LP, Atlanta, for appellant.
    for defendant: Robert C. Threlkeld Morris, Manning & Martin LLP, Atlanta, for appellees. Other party representation: Kara A. Hicks and Paul E. Weathington Allen, Weathington & Reeves, Atlanta.
    Case Number: A03A1994

    The Court construed an ambiguity in the plaintiff's employment contract in his favor as the non-drafting party and held that he was entitled to receive compensation, which he earned through his last

  • Atlantic Coast Mechanical v. R. W. Allen Beers Constr.

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah Ebel, David N. Stern McKenna, Long & Aldridge LLP, Atlanta, Herman M. Braude, Gerson Kramer, Sean Palmer and Douglas Horton Braude & Margulies PC, Washington D.C., for appellant.
    for defendant: John I. Spangler III Alston & Bird, Atlanta, for appellee. Other party representation: Thurbert E. Baker Jr., Attorney General, George S. Zier, Assistant Attorney General, George C. Reid, Atlanta, and Wendell K. Howell Lumley & Howell, Macon.
    Case Number: A03A0893

    The trial court erred in granting summary judgment to the defendant in its subcontractor's suit for increased costs and expenses incurred in performing its heating, ventilation, air conditioning and

  • City of Atlanta v. Yusen Air & Sea Serv. Holdings Inc.

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James M. Hunter, Jason P. Wright, Cheryl A. Barnes and Laurie W. Daniel Holland & Knight LLP, Atlanta, for appellant.
    for defendant: John M. Harris Jr. and Kirby A. Glaze Glaze, Glaze, Harris & Arnold PC, Jonesboro, for appellees.
    Case Number: A03A1230

    The city of Atlanta's declaration of taking violated O.C.G.A. § 32-3-6, because the authorizing ordinance allowed the City Attorney to choose between two alternative taking me