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  • Bragg v. Oxford Constr. Co.

    Publication Date: 2008-02-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0080; A08A0081

    The acceptance doctrine applicable to independent contractors barred the plaintiffs' recovery against the defendant for injuries allegedly caused by the defendant's work under contract for t

  • Amstead v. McFarland

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Brian C. McCarthy, Roswell, for appellant.
    for defendant: and Emory L. Palmer Carr & Palmer, Atlanta, for appellees, in A07A1357. Randall A. Meincke, Cumming, for appellant, and Allen L. Broughton Broughton & Fernandez, for appellee, in A07A1369.
    Case Number: A07A1357; A07A1369

    Some evidence supported the trial court's award of approximately 1/3 of the quantum meruit fees, to which an attorney claimed her was entitled, since the attorney based his quantum meruit claim on t

  • Pittman v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Robert Stokely, Solicitor General, Sandra N. Wisenbaker Solicitor's Office, Newnan, and Amy B. GodfreyLaw Office of Daniel M. King Jr., Dublin, for appellee.
    Case Number: A07A1648

    The Court of Appeals affirmed the denial of defendant's motion to suppress evidence, since it could not review evidentiary matters critical to the motion without the jury trial trans

  • Thomas v. State

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Kenneth W. Krontz, Kennesaw, Allen M. Trapp Jr., Carrollton, and Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A07A1269

    The state may rescind part of a agreement and indict the defendant on charges that were previously nolle prossed if the defendant breaches the agreement by withdrawing part of his

  • Attaway v. State

    Publication Date: 2007-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Gainesville, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee .
    Case Number: A07A0880

    The trial court properly sentenced the defendant for felony statutory rape based on evidence showed that he had sexual intercourse with the victim, who was not his spouse, when he was 32 years old

  • ChoicePoint Servs. Inc. v. Hiers

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Richard R. Gignilliat and William D. Deveney Elarbee, Thompson, Sapp & Wilson LLP, Atlanta, for appellant.
    for defendant: Robert J. Mottern and Vaughn W. Fisher Jr. Buker, Jones & Haley PC, Atlanta, for appellee.
    Case Number: A07A0803

    The plaintiff brought the same quantum meruit claim in a prior suit against the defe

  • In re Estate of Wallace

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: C. Fred Reeves, Marietta, for appellant.
    for defendant: Jack S. Jennings Adam R. Gaslowitz & Assoc. LLC, Atlanta, W. Allen Separk, Marietta, Bridget W. Christian, Roswell, for appellee.
    Case Number: A07A0481

    The trial court correctly ruled that a year's support award set aside the assets of the decedent's husband's trucking company for the decedent's benefit

  • Layfield v. Department of Transp.

    Publication Date: 2006-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Alfred N. Corriere, Albany, for appellant.
    for defendant: Timothy J. Buckley III, Kelly R. Webb Finley & Buckley PC, Thurbert E. Baker, Attorney General, and Reagan W. Dean, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A04A1786

    An expert's opinion regarding the proximate cause of an accident was not speculative and the expert's credibility was a matter for the jury to d

  • Lockhart v. Marine Manufacturing Corp.

    Publication Date: 2006-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellant.
    for defendant: Robert H. Preston, Douglas, and Wallace E. Harrell Gilbert, Harrell, Sumerford & Martin PC, Brunswick, for appellees.
    Case Number: A06A1888

    The racist and insulting comments, which defendant's employees made to the plaintiff on four occasions, did not constitute extreme and outrageous co

  • Allen v. State

    Publication Date: 2006-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Alan I. Begner Begner & Begner PC and Tammi S. Long, Atlanta, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Josh W. Thacker, Assistant District Attorney, Zebulon, for appellee.
    Case Number: A06A1583

    The defendant failed to show that the trial court improperly considered his prior conviction in imposing the maximum 10-year sentence for his convic