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  • Robert E. Canty Bldg. Contractors Inc. v. Garrett Machine & Construction Inc.

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Walter W. Ballew III, Savannah, for appellant.
    for defendant: William K. McGowan Franklin, Taulbee, Rushing, Bunce & Brogdon, Statesboro, for appellee.
    Case Number: A05A0209

    The proper measure of damages in a suit for breach of a construction contract is the cost to the plaintiff to correct the defects in workma

  • In the Interest of H. Y.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Ralph F. Forsythe, Cedartown, for appellant.
    for defendant: Thurbert E. Baker, Attorney General Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Billie J. Crane Mundy & Gammage PC, Cedartown, for appellee. Other party representation: Richard J. Lundy Parker & Lundy, Cedartown.
    Case Number: A04A2245

    The evidence clearly established that the mother's actions and omissions, both before and after the children were placed in DFACS care, constituted neglect and that the children's deprivation was li

  • Stephens v. State

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: David E. Ralston, Blue Ridge, for appellant.
    for defendant: Michael K. McKinney Ray & McKinney, Ellijay, for appellee.
    Case Number: A04A1607

    An officer found the defendant passed out behind the steering wheel of a parked vehicle occupying two parking spaces in a restaurant parking lot with the engine running and defendant failed a field

  • 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

  • Wilson v. J & L Melton Inc. d/b/a McDonald's Restaurant

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Lisa D. Wright, Atlanta, for appellant.
    for defendant: Bruce A. Taylor Jr. and Douglas K. Burrell Drew, Eckl & Farnham, Atlanta, for appellee.
    Case Number: A04A1725

    The plaintiff could not recover damages for mental distress from eating french fries contaminated by blood from the defendant's "fry man" in the absence of any evidence of actual exposure to HIV or

  • 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

  • Vito v. Dhillon

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: James E. Looper Jr. Hall, Booth, Smith & Slover, Atlanta, and R. Lars Anderson, Macon, for Vito and others. Mark A. Inman and Prescott L. Nottingham, Atlanta, for Dhillon. Other party representation: John K. Train IV and Chloe E. Dallaire Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta.
    for defendant:
    Case Number: A04A2170; A04A2171

    The first defendant committed an unauthorized practice of podiatry under the Georgia Podiatry Act by performing an elective cosmetic limb-lengthening procedure on the plaintiff's

  • Hough v. State

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Monte K. Davis, Atlanta, for appellant.
    for defendant: Robert Stokely, Solicitor General, Newnan, for appellee.
    Case Number: A04A1970

    The trial court improperly sentenced the defendant on both counts of a two-count accusation of DUI-less safe driver and per se DUI because they arose from the same conduct and statutory double jeopa

  • Rigo v. State

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Julian M. Treadaway, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman and Andrew J. Saliba, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A1635

    Defendant's convictions for battery and false imprisonment did not merge as a matter of law or fact since the evidence showed that the defendant bruised his wife's throat by strangling her after he

  • Masters v. Clark

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Richard J. Dreger Dreger, McClelland & Pieschel LLP, Alpharetta, for appellant.
    for defendant: Carol V. Clark and Monica K. Gilroy McCalla, Raymer, Padrick, Cobb, Nichols & Clark LLC, Roswell, for appellee.
    Case Number: A04A1517

    Plaintiff's motion for clarification was, in substance, an untimely motion for reconsideration, which he filed after expiration of the term of court in which the order in question was en