• 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

  • Singleton d/b/a Singleton Constr. Co. v. State of Ga., Dep't of Human Resources

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: James B. Blackburn Jr. Wiseman, Blackburn & Futrell, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Michael C. Taylor Office of District Attorney, Child Support Enforcement, Savannah, Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, and Nina J. Edidin, Assistant Attorney General, Atlanta, for appellee.

    Case Number: A03A1546

    O.C.G.A. § 19-6-30 et seq. provides for service of notice upon payor by regular mail and notice is deemed to be perfected upon mailing so defendant had sufficient notice, even though his wife signed

  • The Rental Equip. Group Inc. v. MACI LLC

    Publication Date: 2003-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Richard A. Childs, Columbus, for appellant.
    for defendant: . Charles A. Gower, Columbus, and John P. Cannon, Albany, for appellees.

    Case Number: A03A1293

    The jury's award of $3.678 million in damages for promissory estoppel and/or breach of contract was within the range of damages shown by the evidence, including plaintiffs' detrimental reliance on d

  • Bonner v. Brunson

    Publication Date: 2003-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Walter C. hartridge, Edgar P. Williams and David M. Conner Bouhan, Williams & Levy, Savannah, for appellant.
    for defendant: David H. Johnson McCorkle, Pedigo & Johnson LLP, Savannah, for appellee.

    Case Number: A03A1514

    The individual defendant was not personally liable for his limited liability company's alleged debt because there was no evidence that he abused the form of the LLC by commingling or confusing LLC b

  • Miller v. Miller

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Howard G. Slade and Jason B. Thompson Slade & Assocs., Fayetteville, for appellant.
    for defendant: Allen W. Bodiford and John L. Watson Jr., Stockbridge, for appellees.

    Case Number: A03A0644

    Plaintiff was not entitled to specific performance of an indefinite oral agreement to make a will devising plaintiff certain real pro