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  • 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

  • Unified Gov't of Athens-Clarke County, Ga. v. Watson

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William C. Berryman Jr. McLeod, Benton, Lowery & Meeks, Athens, and Charles N. Pursley Jr. Pursley, Howell, Lowery & Meeks, Atlanta, for appellant.
    for defendant: J. Edward Allen Jr. and Richard L. Ford Jr. Fortson, Bentley & Griffin PA, Athens, for appellee.
    Case Number: A01A2441

    The condemned property's close proximity to a university and city, as well as the deteriorated nature of the immediately surrounding neighborhood, allowed the jury, in valuing the property, to consi

  • Brock v. Allen d/b/a Complete Pest Control

    Publication Date: 2002-07-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Donna S. Golden, Jefferson, and Christopher L. Casey J. Hue Henry PC, Athens, for appellant.
    for defendant: . Charles E. Rogers Webb, Carlock, Copeland, Semler & Stair, Joseph R. Cruser, Jennifer M. McBath Cruser & Mitchell LLP, Philip W. Savrin and Brian K. Schumacher Freeman, Mathis & Gary LLP, Atlanta, for appellees.
    Case Number: A02A0114

    A plaintiff can maintain a professional negligence claim against an extermi

  • Unified Gov't of Athens-Clarke County, Ga. v. Watson

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William C. Berryman Jr. McLeod, Benton, Lowery & Meeks, Athens, and Charles N. Pursley Jr. Pursley, Howell, Lowery & Meeks, Atlanta, for appellant.
    for defendant: J. Edward Allen Jr. and Richard L. Ford Jr. Fortson, Bentley & Griffin PA, Athens, for appellee.
    Case Number: A01A2441

    Evidence showing condemned property's close proximity to the University of Georgia and the city of Athens as well as the deteriorated nature of the immediately surrounding neighborhood allowed the

  • Lakeside Invs. Group Inc. v. Allen

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephen P. Fuller Davidson & Fuller, Duluth, for appellant.
    for defendant: Ronald F. Negin, Paul B. Frickey and John P. O'Brien Thompson, O'Brien, Kemp & Nasuit PC, Norcross, for appellee.
    Case Number: A01A1685

    A broker's alleged misrepresentations about the zoning status of certain property could not serve as basis for a fraud action because the property's zoning status was a matter of law and public r

  • Dyer v. Honea

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gregory W. Lancaster Peevy & Lancaster PC, Lawrenceville, for Dyer. William M. Droze Troutman Sanders, Atlanta, Jerry A. Daniels Daniels & Taylor, Dennis L. Collins III, Lawrenceville, and Jonathan J. Wade Webb & Lindsey, Peachtree City, for Joel Honea. Jerry A. Daniels Daniels & Taylor, Lawrenceville, for Robert Honea. Daniel S. Reinhardt and William M. Droze Troutman Sanders, Atlanta, for Wayne Bailey. Other party representation: Walter M. Britt Chandler & Britt, Buford.
    for defendant:
    Case Number: A01A0991; A01A0992; A01A0993

    The pendency of plaintiff's viable claims against other defendants did not bar his legal malpractice claim because the alleged malpractice did not arise out of the defending attorney's handling of a

  • 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

  • First Bancorp Mortgage Corp. v. Giddens

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gregg Loomis, Atlanta, for appellant.
    for defendant: John R. Lowery Pursley, Howell, Lowery & Meeks, Atlanta, for appellees.
    Case Number: A01A0870

    The trial court properly excluded evidence of other lawsuits filed against defendants alleging flip sales since admitting such evidence would likely have resulted in undue prejudice or confusion wh

  • Harris v. Distinctive Builders Inc.

    Publication Date: 2001-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas C. Harney Kilpatrick Stockton LLP, Michael T. Carithers Love, Willingham, Peters, Gilleland & Monyak, Atlanta, for Harris. Craig A. Gillen Gillen, Cromwell, Withers & Brantley, Atlanta, for Dolive. Adam M. Gleklen and Michael Weinstock Weinstock & Scavo PC, Atlanta, for Distinctive Builders.
    for defendant:
    Case Number: A01A0665; A01A0666

    The parties did not enter into an enforceable real estate sales contract involving trust property because plaintiff's offer was conditioned on obtaining the co-trustee's signature and the co-truste

  • American Global Dev. Group Inc. v. Sasser & Weatherford Inc.

    Publication Date: 2001-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Richard K. O'Donnell Menden & O'Donnell, Roswell, and G. Brian Raley The Raley Law Firm, Atlanta, for appellant.
    for defendant: . Donna W. Howell James S. S. Howell Law Offices, and Dennis K. Calhoun, Atlanta, for appellee.
    Case Number: A01A0007

    A separate created by the defendant to purchase property and build a hotel was entitled to a directed verdict in the plaintiff's suit for breach of a real estate contract because the separate