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  • 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

  • Wilson v. Wilson

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jan V. Hinson, Alice A. Blanco, Duluth, and Robert L. Jones, Marietta, for appellant.
    for defendant: David A. Webster, Atlanta, for appellee.
    Case Number: S04F0234

    Georgia courts take an intermediate approach to the question of whether parties in a civil action have an absolute right to closing arg

  • Bradford v. State

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Demetria Williams DeKalb County Pub. Defender's Office, and Ruth Rocker, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, and David McLaughlin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A03A2442

    The indictment charging the defendants from t money from three named mortgagees on three specified dates sufficiently charged the crimes of theft by t

  • Revis v. Jowers

    Publication Date: 2003-11-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Galen A. Mirate, Valdosta, for appellant.
    for defendant: . Keith H. Solomon, Douglas, for appellees.
    Case Number: A03A1078

    The first defendant no longer has legal interest in real property that her mother purchased at a foreclosure sale after the first defendant pledged her interest in the land as collateral for a loan

  • 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

  • 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

  • Burchette v. State

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Philip C. Smith, District Attorney, Rand J. Csehy and Penny A. Penn, Assistant District Attorneys, Cumming, for appellee.
    Case Number: A02A2236

    Defendant was angry with the victims for failing to return his earnest money and he was the only person inside or near the victims' house when the intentionally set fire

  • Griffin v. Fowler

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James W. Ott, Atlanta, for appellant.
    for defendant: Christine L. Mast, Emory L. Palmer Hawkins & Parnell, and David E. Allman, Atlanta, for appellees.
    Case Number: A02A1853

    The plaintiff's for breach of fiduciary duty failed because it was duplicative of his legal malpractice

  • 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

  • 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