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  • Pilz v. Monticello Ins. Co.

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerald M. Edenfield Edenfield & Cox PC, and Marc M. Bruce, Statesboro, for Pilz and others. Stephen C. Andrews Bodker, Ramsey & Andrews, and W. Wray Eckl Drew, Eckl & Farnham, Atlanta, for Monticello Ins. Co. William K. McGowen Franklin, Taulbee, Rushing, Bunce & Brogdon, Statesboro, for Thibodeau and others.
    for defendant:
    Case Number: A04A0140; A04A0141

    Claims of negligent performance of a contractual obligation, negligence, negligence per se, negligent retention and intentional infliction of emotional distress fell within the "assault and battery"

  • Cistola v. Daniel

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John R. Grimes Lefkoff, Duncan, Grimes & Miller, Atlanta, for Cistola. Robert K. Woo Jr. King & Spalding, Atlanta, and Frederick E. Link Hartness & Link, Gainesville, for Daniel and others. Frank Armstrong III Stewart, Melvin & Frost, Gainesville, for Odegaard and others.
    for defendant:
    Case Number: A03A2482; A03A2483

    The defendants were not entitled to a directed verdict on the plaintiff's fraud claim arising from his execution of a "corrective" quitclaim deed at the request of the defendants' real estate agent

  • Morrison Homes of Fla. Inc. v. Wade

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: G. Phillip Beggs and Amy K. Weber Moore, Ingram, Johnson & Steele LLP, Marietta, for appellant.
    for defendant: Russell D. King and Patrick N. Millsaps Dupree, Poole & King, Marietta, for appellees. Other party representation: George L. Welborn Downey, Cleveland, Parker & Williams, Marietta.
    Case Number: A03A2289

    The damages awarded to the plaintiffs on their claims arising from the building of their home were within the range of the evidence because the contractor they hired to inspect the home provided a d

  • Pope v. State

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Brett D. Turner Turner & Willis PC, Gainesville, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A03A2186

    The evidence authorized the jury to find the defendant guilty as a party to the crimes of armed robbery, kidnapping, false imprisonment, burglary and aggravated assault with a deadly weapon arising

  • Rios v. Norsworthy

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. Strawinski and Nicole W. Stout, Atlanta, for appellant.
    for defendant: William E. Gray II, Stacey K. Hydrick Gray, Hedrick & Edenfield, Michael J. Warshauer and Bradford W. Thomas Warshauer, Woodruff & Thomas PC, Atlanta, for appellees. Other party representation: Robert A. Freyre, Cumming.
    Case Number: A03A2411

    The third-party defendant was exercising ordinary care when he checked his rearview mirror to confirm that the defendant's vehicle was behind him before focusing his attention on an uphill curve in

  • Mulkey v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Chris E. Ambrose and Douglas K. Silvis Silvis, Ambrose & Lindquist PC, Thomasville, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, James E. Hardy and James L. Prine II, Assistant District Attorneys, Thomasville, for appellee.
    Case Number: A04A0783

    The trial court did not inform the defendant that she might receive a harsher sentence when the trial court told her that it intended to reject her negotiated plea agre

  • Garvin v. Secretary of State Sec. and Bus. Div.

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George T. Smith Browning & Tanksley LLP, Marietta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William W. Banks Jr., John B. Ballard Jr., Assistant Attorneys General, and Robin A. Golivesky Office of Secretary of State, Atlanta, for appellee. Other party representation: Fred T. Finney McCall & Finney PC, Albany.
    Case Number: A03A2145

    Some evidence showed that the defendant did not knowingly intend to violate the Georgia Securities Act by selling unregistered contracts for the sale and lease-back of coin-operated payp

  • In the Interest of A. A.

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Timothy T. Herring and Charles B. Pekor Jr., Atlanta, for appellant.
    for defendant: . Tammy M. Griner, Griffin, for appellee.
    Case Number: A04A0002; A04A0003

    There was no "stop" because the juvenile driver had already stopped the vehicle before the officer approached and there was no seizure because the encounter was not threatening or coe

  • Baggs v. State

    Publication Date: 2004-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gary V. Bowman, McDonough, for Baggs. Jeffrey W. Cofer, McDonough, for Lopez. Steven M. Frey, Jonesboro, and Lloyd J. Matthews, McDonough, for Mondragon. Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    for defendant:
    Case Number: A03A2080; A03A2081; A03A2082

    Evidence that the first defendant actually handled and attempted to sell nearly 450 grams of methamphetamine to an undercover officer and that the second and third defendant voluntarily accompanied

  • Wachovia Bank of Ga. v. Namik

    Publication Date: 2004-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William J. Linkous Jr., Nicole J. Wade and David G. Ross Powell, Goldstein, Frazer & Murphy, Atlanta, for Wachovia. Robert J. Kaufman, Stephen R. Klorfein, Charlotte K. Perrell and Jason S. Adler Kaufman, Chaiken, Miller & Klorfein LLC, Atlanta, for Namik et. al. Other party representation: Bertram L. Levy Arnall, Golden & Gregory, Atlanta.
    for defendant:
    Case Number: A03A2198, A03A2199

    A bank had no duty, as trustee of a customer's simple revocable living trust, to provide estate tax planning a