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  • Kerr-McGhee Corp. f/k/a Kemira Inc. v. Georgia Cas. & Surety Co.

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Ryburn C. Ratterree Ellis, Painter, Ratterree & Bart, Savannah, Paul J. Murphy and Michael R. Powers King & Spalding, Atlanta, for appellant.
    for defendant: . DeeAnn B. Waller Chambers, Mabry, McClelland & Brooks, Atlanta, for appellee. Other party representation: James P. Gerard Oliver, Maner & Gray, Savannah.
    Case Number: A02A0302

    A reasonable insured could believe that a total pollution exclusion endorsement did not apply where the chemical that caused the underlying plaintiff's injury was an industrial chemical whose uninte

  • Southcom Group Inc. v. Plath

    Publication Date: 2002-08-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Mark D. Oldenburg and Jeffrey D. Moulds, Peachtree City, for appellant.
    for defendant: Robert K. Prater, Newnan, for appellees.
    Case Number: A02A1320

    Plaintiff's amended application for confirmation of an arbitration award against a par ip sufficiently stated a cause of action against the individual par

  • Stacey v. State

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John T. Strauss, Covington, for appellant.
    for defendant: William K. Wynn Jr., District Attorney, Covington, for appellee.
    Case Number: A02A1078

    Jeopardy does not attach for Sixth Amendment waiver purposes until a defendant has pled and a jury has been impaneled and

  • Yargus v. Smith

    Publication Date: 2002-03-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Peter L. Lublin, Monica K. Gilroy and Carol V. Clark McCalla, Raymer, Padrick, Cobb, Nichols & Clark LLC, Roswell, for appellant.
    for defendant: Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, John C. Pennington and Ernest M. Moran, Atlanta, for appellees.
    Case Number: A02A0745

    A real estate purchase contract allowed the buyers to unilaterally extend the closing date to allow for the repair of defects uncovered by a home inspe

  • Atlanta Affordable Hous. Fund Ltd. Partnership v. Brown b/n/g Tascena Jennings

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Corliss S. Lawson Lord, Bissell & Brook, and Earnest Redwine Devlin & Robinson PC, Atlanta, for appellant.
    for defendant: . Thomas W. Malone, Stuart B. Houck, Rosser A. Malone Thomas W. Malone PC, and Sheryl L. Burke, Atlanta, for appellees.
    Case Number: A01A1768

    Defendants were not entitled to a directed verdict, j.n.o.v. or new trial based on their claim that a 9-year-old's conduct was the sole proximate cause of her injuries since causation is a jury matt

  • Eichelberger v. State

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: J. Alfred Johnson, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Richard H. Kimberly Jr. and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A01A2357

    The arresting officers had probable cause suspicion to stop the vehicle defendant was riding in based on the driver's attempt to flee after an officer initiated blue lights and siren to stop the veh

  • In the Interest of A. D. L. III

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William G. Maston, Savannah, for appellant.
    for defendant: Adam P. Cerbone and Lawrence E. Madison, Savannah, for appellee.
    Case Number: A01A2350

    Evidence that the biological father failed to pay court-ordered child support for 19 months and failed to contact his son for 20 months prior to the termination hearing supported the termination of

  • Calabro v. Liberty Mut. Fire Ins. Co.

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Michael M. Calabro, Alpharetta, and Mark A. Barber Hicks, Casey & Barber PC, Marietta, for appellant.
    for defendant: Harold M. Bagley and Karen K. Karabinos Drew, Eckl & Farnham LLP, Atlanta, for appellee.
    Case Number: A02A0277

    An insurance company was not obligated to pay its insured's claim for the loss of a diamond engagement ring that his former wife sold to pay for her attorneys'

  • Sylvester v. Dep't of Transp.

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Douglas R. Daum, Snellville, for appellant.
    for defendant: . Thurbert E. Baker Jr., Attorney General, Kathleen M. Pacious, Deputy Attorney General, and Loretta L. Pinkston, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: A01A2292

    Plaintiffs' renewal suit against the Department of Transportation failed because they did not serve the Department of Administrative Services, Risk Management Division with their original suit prior

  • Satilla Community Serv. Bd. v. Satilla Health Servs. Inc.

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Richard K. Strickland Whelchel, Brown, Readdick & Bumgartner, Brunswick, for appellant.
    for defendant: Philip R. Taylor Taylor, Odachowski & Sperry LLC, St. Simons Island, W. Grady Pedrick, Waycross, Michael G. Frick Hall, Booth, Smith & Slover PC, Brunswick and John R. Thigpen Sr., Blackshear, for appellee. Other party representation: Douglas L. Gibson Gibson & Spivey, Waycross.
    Case Number: A01A1747

    A community service board was not immune from liability for breaching a contract which required it to provide services to a psychiatric pa