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  • State v. Simmons

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Carmen D. Smith, Solicitor General, Jodi L. Harter and Jody L. Peskin, Assistant Solicitors General, Atlanta, for appellant.
    for defendant: Mark A. Hansford Head, Thomas, Webb & Willis, and Michael M. Hawkins The Chestney Hawkins Law Firm, Atlanta, for appellee.
    Case Number: A04A1671

    The DUI defendant could not withdraw his duly given consent to a state-administered blood alcohol test 11 days after the blood was

  • Eason v. State

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Kevin W. Drummond and Ruth K. Johnson, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A04A2206

    The defendant failed to show that his trial counsel was defi

  • J & M Aircraft Mobile T Hangers Inc. v. Johnston County Airport Auth.

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jack F. Witcher and Daniel B. Greenfield, Bremen, for appellant.
    for defendant: . David S. DeLugas, Marietta, for appellee. Other party representation: J. H. Chattin The Georgia Tribe of E. Cherokee, Dahlonega.
    Case Number: A04A1646

    State courts are divested of jurisdiction by tribal courts as a matter of law only when exercised over Indians or activities on Indian

  • Rice v. Lost Mountain Homeowners Assoc. Inc.

    Publication Date: 2004-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: J. Andrew Rice and Kathryn W. Rice, Powder Springs, proceeded pro se. Richard W. Calhoun Brock, Clay, Calhoun, Wilson & Rogers, Marietta, for appellees.
    for defendant:
    Case Number: A04A1244

    The plaintiffs' 11-foot-high white vinyl fence violated the restrictive covenants applicable to their

  • Alwin v. State

    Publication Date: 2004-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Maureen O. Floyd Fleming, Jackson, Ingram & Floyd PC, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Madonna M. Heinemeyer, Assistant District Attorney, Augusta, for appellee.
    Case Number: A04A1133

    The victims testified at the new trial hearing that no member of the defendant's jury was present in the courtroom during his co-defendant's guilty

  • Paul v. Smith, Gambrell & Russell

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Frank J. Beltran and Douglas V. Chandler Beltran & Assocs., Atlanta, for appellant.
    for defendant: . Robert G. Tanner and Shawn D. Scott Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.
    Case Number: A04A0845

    When both conflicts of interest and the judgmental immunity defense are raised, a jury question as to judgmental immunity arises because proof of the existence of a conflict gives rise to the reason

  • Hector v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Maryann B. Davidson, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A04A0693

    The trial court did not improperly coerce the jury when it suggested that they conscientiously try to reach an agreement on a count on which they were deadlocked

  • Singleton d/b/a Singleton Constr. Co. v. State of Ga., Dep't of Human Resources

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: James B. Blackburn Jr. Wiseman, Blackburn & Futrell, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Michael C. Taylor Office of District Attorney, Child Support Enforcement, Savannah, Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, and Nina J. Edidin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A03A1546

    O.C.G.A. § 19-6-30 et seq. provides for service of notice upon payor by regular mail and notice is deemed to be perfected upon mailing so defendant had sufficient notice, even though his wife signed

  • Walker v. State

    Publication Date: 2003-09-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jack E. Harrell Jr. Clarke & Towne PC, Lawrenceville, for appellant.
    for defendant: Gerald N. Blaney Jr., Solicitor, and Jason R. Samuels Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A03A1961

    The numeric accuracy of the air flow resulting in an insufficient breath sample was not relevant to the defendant's alleged refusal to take the breath

  • The Rental Equip. Group Inc. v. MACI LLC

    Publication Date: 2003-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Richard A. Childs, Columbus, for appellant.
    for defendant: . Charles A. Gower, Columbus, and John P. Cannon, Albany, for appellees.
    Case Number: A03A1293

    The jury's award of $3.678 million in damages for promissory estoppel and/or breach of contract was within the range of damages shown by the evidence, including plaintiffs' detrimental reliance on d