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  • Baiye v. Gober

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Patricia K. Buonodono, Kennesaw, for appellant.
    for defendant: . John A. Roberts The Roberts Law Firm, Atlanta, for appellee.
    Case Number: A02A0866

    A jury question remained as to whether p ff served defendants with his request for admissions since the return of service did not indicate service of anything other than the summons and comp

  • Hill v. Centennial/Ashton Properties Corp.

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John A. Roberts The Roberts Law Firm, Atlanta, for appellant.
    for defendant: . John K. Train IV Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Thomas A. Graham, Atlanta, and Warren R. Hinds, Roswell, for appellees.
    Case Number: A01A2434

    The express language of the parties' contingency fee a nt provided for the calculation of attorneys' fees based on the attorney's hourly rate for work she performed prior to termination of the

  • State Personnel Bd. v. McCormick

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, and Bryan K. Webb, Assistant Attorney General, Atlanta, for appellant.
    for defendant: . Sandra L. Michaels, Atlanta, for appellee.
    Case Number: A02A0019

    Under OCGA § 24-3-2, conversations and similar evidence are admissible as original evidence in a legal investigation to explain conduct and ascertain mo

  • Phillips v. South West Mechanical Contractors Inc.

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Douglas R. Powell, Debra K. Haan Hinton & Powell, and Scott E. Tinnon, Atlanta, for appellant.
    for defendant: . William P. Tinkler Jr., Decatur, Robert F. Dangle Price, Pyles, Dangle, Parmer & Rooks, Carrollton, Charles A. Wiley Jr. and James A. Rice Jr. Fain, Major, Wiley & Brennan PC, Atlanta, for appellees.
    Case Number: A01A1935

    Plaintiffs' wrongful death claim arising out of an accident involving an stolen ATV and a disabled dump failed because there was no evidence that defendant was negligent in leaving the disable

  • Jones v. Bank of Am. Mortgage, f/k/a NationsBank Mortgage

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Earl A. Davidson Giddens, Davidson & Mitchell, Atlanta, for appellant.
    for defendant: Larry W. Johnson Morris, Schneider & Prior LLC, Atlanta, for appellee.
    Case Number: A02A0216

    The evidence showed that plaintiff failed to make his monthly installment payments on a promissory note when due and the terms of the note allowed the holder to sell the secured property at auction

  • Hall v. State

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joshua D. Earwood, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Sharon M. Fox, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A02A0587

    The trial court properly excluded the victim's prior accusation of molestation because defendant failed to show that the accusation had a reasonable probability of being

  • Lane v. State

    Publication Date: 2002-03-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jacqueline J. Herring, Fulton County Conflict Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Christopher M. Quinn, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A1778

    The Court of Appeals adopted the Supreme Court's judgment that defendant did not waive his right to open and close arguments when his co-defendant's counsel had a police witness read a portion of hi

  • In the Interest of R. W. & W. W.

    Publication Date: 2002-03-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kelley S. Powell, Hampton, and Martin C. Jones Webb, Stuckey & Lindsey LLC, Peachtree City, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and W. Ashley Hawkins, Special Assistant Attorney General, Forsyth, for appellee. Other party representation: Wilson H. Bush Bush & Smith, Jackson.
    Case Number: A01A2410

    Evidence that the children lived in a trash-filled home with a broken toilet and that the mother left them unsupervised supported the termination of the mother's parental r

  • Kmart Corp v. Merriweather

    Publication Date: 2002-03-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James C. Grant, Nowell D. Berreth and Jeffrey J. Swart Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . John B. Levy and Michael Weinstock Weinstock & Scavo PC, Atlanta, for appellees.
    Case Number: A01A2298

    The Court could not consider defendants' challenge to the sufficiency of the evidence because they failed to include all of the evidence presented at trial in the appellate r

  • Fleshe v. State

    Publication Date: 2002-03-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Deborah F. Weiss Chandler & Britt LLC, Buford, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A01A2131

    Defendant was not entitled to a sua sponte competency hearing where he displayed no irrational behavior at trial and no prior medical opinion indicated that he was incompetent or mentally imp