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  • 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

  • Hawks v. Hinely

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert S. Kraeuter, Savannah, for appellant.
    for defendant: . Charles W. Snyder Jones, Boykin & Assocs., Savannah, for appellees. Other party representation: Steven E. Scheer, Savannah.
    Case Number: A01A1184; A01A1185; A01A1186

    The defendants' applications to recall the plaintiffs from public office constituted acts in furtherance of the right to petition the government to redress grievances within the meaning of the anti-

  • Mitchell v. Mitchell

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: C. Robert Melton Haygood, Lynch, Harris & Melton LLP, Forsyth, for appellant.
    for defendant: . Karen K. Martin Martin & Martin, Barnesville, for appellees.
    Case Number: S01A1177

    The trial court chose the most equitable solution to a conflict involving five children and five lots when the trial court awarded defendants the property upon which their house was located, even th

  • State Soil & Water Conservation Comm'n v. Stricklett

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: J. Edward Allen Jr. Fortson, Bentley & Griffin PA, Augustus T. Curtis, Athens, Thurbert E. Baker Jr., Attorney General, and Denise E. Whiting-Pack, Assistant Attorney General, Atlanta, for State Soil and Water Conservation Commission. Kerry S. Doolittle, Watkinsville, for the Strickletts. Other party representation: Mary A. Oakley Holland & Knight LLP, Atlanta.
    for defendant:
    Case Number: A01A1364; A01A1365

    A factual question remained as to whether construction of defendants' home substantially interfered with the plaintiffs' nonexclusive easement right to safely operate and maintain

  • SMD LLP v. City of Roswell

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sean R. Smith and E. Adam Webb Dow, Lohnes & Albertson, Atlanta, for appellant.
    for defendant: . William M. Coolidge III and Richard A. Carothers Carothers & Mitchell, Buford, for appellees.
    Case Number: A01A1437

    Plaintiffs' claim for lost profits from the denial of its applications for permits to build nonconforming billboard signs was precluded as too uncertain and speculative in nature since plaintiffs ne

  • Garrett v. Fleet Fin. Inc. of Ga.

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William A. Wehunt, Stockbridge, for Garrett. John G. Parker Paul, Hastings, Janofsky & Walker, and Eric J. Taylor Hunton & Williams, Atlanta, for Fleet Finance. James M. Poe, Lisa N. Higgins, James L. Creasy III Drew, Eckl & Farnham LLP, and Sean W. Conley, Atlanta, for Baggarly. Other party representation: Dana L. Jackel Awtrey & Parker, Larry W. Ramsey Jr., Charles W. Lane Lane & Lane, Marietta, and R. Wayne Bond Womble, Carlyle, Sandridge & Rice PLLC, Atlanta.
    for defendant:
    Case Number: A01A2018; A01A2019

    The 3-year statute of repose for claims based on recission under the Truth in Lending Act barred plaintiff's suit to set aside a second mortgage on his property more than four years after he closed

  • Dawson v. State

    Publication Date: 2001-10-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Thomas M. West and Robert H. Citronberg, Atlanta, for Dawson. Paul L. Howard Jr., District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Susan W. Boleyn, Senior Assistant Attorney General, Atlanta, for the state. Amicus appellant: Emmet J. Bondurant Bondurant, Mixon & Elmore, Robert L. Tsai American Civil Liberties Union, Natsu T. Saito Georgia State Univ., Atlanta, and Amy G. Donnella, St. Davids, Penn.Michael Mears, MultiCounty Public Defender, Stephen B. Bright Southern Center for Human Rights, Atlanta, and Althea L. Buafo Buafo & Assocs., Macon, for Moore. Timothy G. Vaughn, District Attorney, Eastman, Thurbert E. Baker Jr., Attorney General, and Susan V. Boleyn, Senior Assistant Attorney General, Atlanta, for the state. Amicus appellant: Emmet J. Bondurant Bondurant, Mixon & Elmore, Atlanta.
    for defendant:
    Case Number: S01A1041, S01A1210

    The future use of electrocution as a means of executing death sentences in Georgia would violate the Georgia Constitution's prohibition against cruel and unusual punis