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  • Trammel v. Clayton County Bd. of Comm'rs

    Publication Date: 2001-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Lee Sexton Lee Sexton & Assocs. PC, Jonesboro, for Trammel. Jack R. Hancock and Brian R. Dempsey Hancock & Echols, Forest Park, for Clayton County Bd. of Comm'rs.
    for defendant:
    Case Number: A01A0202; A01A0203

    The trial court lacked jurisdiction over plaintiff's post-jud motion for sanctions because plaintiff did not file his motion within 45 days of the entry of the final jud

  • Corporate Property Investors d/b/a Lenox Square Mall v. Milon

    Publication Date: 2001-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: George E. Duncan Jr. Duncan & Mangiafico PC, Atlanta, for Corporate Property Investors. Kimberly L. Miller City of Atlanta Law Dep't, Atlanta, for Locke. Charles A. Mathis Jr., David N. Krugler Middleton, Mathis, Adams & Tate, and Thomas F. Cuffie Cuffie and Assocs. PC, Atlanta, for Milon.
    for defendant:
    Case Number: A01A0706; A01A0707

    Defendant's could not rely on the arresting officer's professional judgment because the officer did not independently investigate a security guard's claim that plaintiff attempted to shoplift a whit

  • Heston v. Lilly

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Van C. Wilks, Carrollton, for appellant.
    for defendant: John A. Allen Allen & Assocs., Atlanta, for appellee.
    Case Number: A01A0570

    The trial court properly charged on negligence and proximate cause, even though defendant admitted that his negligence cause the collision, because defendant contested the causation of the plaintiff

  • Steele v. State

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Patrick H. Head, District Attorney, Eleanor A. Kornahrens and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A01A0738

    Defendant was not entitled to a charge under O.C.G.A. § 24-9-85 b because the victims did not wilfully and knowingly give false test

  • Williams v. State

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Harold B. Baker, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, James E. Hardy, Chief Assistant District Attorney, Robert R. Auman and Robert D. Jewell, Assistant District Attorneys, Thomasville, for appellee.
    Case Number: A01A0554

    De counsel was not deficient for pursuing an all-or-nothing de to a child molestation charge, rather than requesting a charge on sexual battery as the lesser included of

  • State v. Redd

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert B. Ellis Jr., District Attorney, Ellen S. Gordon, Assistant District Attorney, Nashville, and Timothy L. Eidson, Chief Assistant District Attorney, Adel, for appellant.
    for defendant: Charles R. Reddick, Homerville, for appellee. Other party representation: Kenneth B. Hodges III, District Attorney, Albany, J. David Miller, District Attorney, Valdosta, Keith C. Martin, Solicitor, Jonesboro, Leslie C. Abernathy, Solicitor, Cumming, Carmen Smith, Solicitor, Atlanta, Cheryl B. Jolly, Solicitor General, Augusta, and Wensley Hobby, Solicitor, Reidsville.
    Case Number: A00A1059

    State v. Redd, 243 Ga. App. 809 2000, is vacated and the state's appeal of the denial of its motion to the disqualify district attorney pro tempore from representing criminal defendants is dism

  • Skipper Sams v. Roswell-Holcomb Assocs.

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Curtis R. Richardson, Decatur, for appellant.
    for defendant: Robert D. Wildstein Bodker, Ramsey & Andrews PC and Ann S. Infinger Arnall, Golden & Gregory, Atlanta, for appellee.
    Case Number: A00A2436

    Because the plaintiff did not rescind its con to assume a commercial lease, the plaintiff was bound by the terms of the written con

  • Rogers v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Brian Steel and L. Allyn Stockton The Steel Law Firm PC, Atlanta, for Rogers. Kenneth D. Kondritzer, Clarkesville, for Montalvo. Douglas L. Henry, Clarkesville, for Bettencourt. Michael H. Crawford, District Attorney, Clarkesville, Robert D. Cullifer, Assistant District Attorney, Clayton, for the state.
    for defendant:
    Case Number: A00A2230, A00A2231, A00A2232

    There was no evidence that one defendant was guilty of simple robbery because all three defendants took turns holding the gun during the c

  • Dews v. Ratterree

    Publication Date: 2000-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Julius A. Powell Jr. Mullis, Marshall, Lindley & Powell, Macon, for appellant.
    for defendant: Arthur L. Phillips Phillips & Phillips, Macon, for appellees.
    Case Number: A00A2092

    The defendant's affidavit in support of summary judgment was inadmissible to the extent it contained conclusions that he never commingled corporate

  • Brown v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Lynn M. Friedewald, Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker, Assistant District Attorney, and Jennifer M. Daniels, Decatur, for appellee.
    Case Number: A00A0306

    An arresting officer was properly allowed to testify regarding a concerned citizen's tip since the tip explained the officer's co