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  • Brown v. Garrett

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Richard E. Harris, Atlanta, for appellant.
    for defendant: Arthur B. Edge IV Wood, Odom & Edge PA, Newnan, for appellee.
    Case Number: A03A0822

    The court's recharge on the measure of damages was so blatantly erroneous that it raised the question of whether the plaintiff was deprived of a fair

  • Richardson v. State

    Publication Date: 2003-06-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Gary P. Bunch, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: S02G1698

    Application of Georgia's rape-shield statute to evidence about the victim's non-sexual relationship with her ex-boyfriend violated the defendant's confrontation

  • 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

  • Butler v. Warren

    Publication Date: 2003-06-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Mary C. Register Spiva, Lewis, Owens & Mulherin, Jeffrey S. Vaughan Royal & Vaughan, and George L. Lewis, Savannah, for appellant.
    for defendant: . Ashlee H. Vaught and Jordon D. Morrow Brannen, Searcy & Smith, Savannah, for appellees.
    Case Number: A03A0805

    There was no evidence that the defendants negligently entrusted their truck to a drunk employee on the day he drive the truck off defendants' property and killed the plaintiffs' son in a traffic acc

  • 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

  • Imerys Marble Co. v. J. M. Huber Corp.

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: H. Wayne Phears Phears & Moldovan, Norcross, and Phil M. Landrum Jr. Landrum & Landrum, Jasper, for appellant.
    for defendant: Allen W. Groves Seyfarth & Shaw, Thomas C. Harney Kilpatrick Stockton LLP, Atlanta, and David E. Ralston, Blue Ridge, for appellees.
    Case Number: S02A1401

    A testator could not impose a restriction on his children's ability to sell bequeathed mineral rights during their lifetime where the testator clearly intended to bequeath the mineral rights in fee s

  • Coker v. Deep S. Surplus of Ga. Inc.

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: W. Fred Orr II and James G. Edwards II Orr & Edwards, Decatur, for appellant.
    for defendant: Russell B. Davis, Sean L. Hynes Downey & Cleveland, Marietta, Theodore Salter Jr. Salter & Richards, and Michael J. Goldman Hawkins & Parnell, Atlanta, for appellee.
    Case Number: A02A1359

    A safety inspection company was not immune from suit under the Workers' Compensation Act since it was not the employer's insurance carrier and had no contract or agreement with the plaintiff's empl

  • Middleton v. Troy Young Realty Inc.

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Carol L. Stokes, Macon, for appellant.
    for defendant: . Randall P. Harrison, Macon, for appellee.
    Case Number: A02A1870

    The plaintiffs could not rely on a broker's failure to disclose that their home was smaller than the model home since the addendum to the parties' sales contract specified that plaintiffs were rece

  • Forest Commodity Corp. v. Lone Star Indus. Inc.

    Publication Date: 2002-05-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Roy E. Paul, Walter C. Hartridge and David M. Conner Bouhan, Williams & Levy, Savannah, for appellant.
    for defendant: Robert S. Glenn Jr. and Colin A. McRae Hunter, MacLean, Exley & Dunn PC, Savannah, for appellees.
    Case Number: A02A0141

    No jury question remained regarding whether plaintiff was entitled to enforce term of the contract requiring defendant to ship a minimum amount of aggregate stone through plaintiff's terminal space

  • Trent v. Franco

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William W. Gardner, Atlanta, for appellant.
    for defendant: Gary M. Cooper and William Z. Meadows Cooper & Makarenko, Duluth, for appellees.
    Case Number: A01A2102

    O.C.G.A. § 9-11-4 d 3 requires service of process to a minor defendant with additional service on a parent or legal gua