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  • Accolades Apartments LP v. Fulton County

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John G. Parker and Joseph C. Sharp Paul, Hastings, Janofsky & Walker, Atlanta, for appellant.
    for defendant: William R. Turner, County Attorney, Thurbert E. Baker Jr., Attorney General, Warren R. Calvert, Senior Assistant Attorney General, James R. Schultz, Assistant United States Attorney, and Marcia M. Ernst Smith, Gambrell & Russell, Atlanta, for appellee. Other party representation: Beryl H. Weiner, Bryan P. Hilton Weiner, Yancey, Dempsey & Diggs LLP, Thomas R. Walker Troutman Sanders, Shellie R. Cherner 9Hewitt, Katz & Dumich, Richard H. Deane Jr., United States Attorney, and Nan H. Newman Holland & Knight LLP, Atlanta.
    Case Number: A00A0143

    The Court of Appeals adopted the Supreme Court's judgment that the rights and responsibilities of the individual joint venturers determine whether a partnership is f

  • State Soil & Water Conservation Comm'n v. Stricklett

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: J. Edward Allen Jr. Fortson, Bentley & Griffin PA, Augustus T. Curtis, Athens, Thurbert E. Baker Jr., Attorney General, and Denise E. Whiting-Pack, Assistant Attorney General, Atlanta, for State Soil and Water Conservation Commission. Kerry S. Doolittle, Watkinsville, for the Strickletts. Other party representation: Mary A. Oakley Holland & Knight LLP, Atlanta.
    for defendant:
    Case Number: A01A1364; A01A1365

    A factual question remained as to whether construction of defendants' home substantially interfered with the plaintiffs' nonexclusive easement right to safely operate and maintain

  • Wilder v. Jefferson Ins. Co. of New York

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sandra L. Doyle Holland & Knight, Norman S. Epstein, Atlanta, and Jonathan P. Sexton, Stockbridge, for appellant.
    for defendant: . James M. Poe, James L. Creasy III, and Catherine E. Diamond Drew, Eckl & Farnham LLP, Atlanta, for appellee. Other party representation: John W. Scott, Atlanta, Sabrina K. Bozeman, Stone Mountain, and C. T. Defranks Lacosta Recovery Services, Alpharetta.
    Case Number: A01A1410

    A certificate of insurance which was issued by an insurance agent did not confer coverage on a tow truck which was never added to the insured's policy because the agent had no authority to bind the

  • Crafter v. State Farm Ins. Co.

    Publication Date: 2001-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Thomas W. Malone, S. Bradley Houck Thomas W. Malone PC, Atlanta, and Gerald S. Mullis Mullis, Marshall, Lindley & Powell, Macon, for appellant.
    for defendant: . Robert R. Gunn II and Thomas P. Allen III Martin, Snow, Grant & Napier, Macon, for appellee. Other party representation: Alfred B. Adams III Holland & Knight, Scott D. Delius Magill & Atkinson LLP, Atlanta, and Melody P. F. Laine Shivers & Assocs., Alpharetta.
    Case Number: A01A1549

    Plaintiff was not entitled to additional UM benefits under the negligent driver's policy because the driver's vehicle could not serve as the uninsured vehicle for the purpose of triggering an entitl

  • Eastside Gardens of Snellville LLC v. Sims

    Publication Date: 2001-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gregory J. Digel, Rachel C. Boring and Laurie W. Daniel Holland & Knight, Atlanta, for appellant.
    for defendant: John E. Stell Jr. Russell, Stell, Smith & McLocklin PC, Winder, Christopher R. Stovall and Gerald Davidson Jr. Anderson, Davidson & Tate, Lawrenceville, for appellee.
    Case Number: A01A0456

    The trial court properly ruled that the grantee of a right of first refusal to buy the plaintiff's property had only one opportunity to exercise that right with regard to a third party's written off

  • Chouinard v. City of East Point

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Glenville Haldi, Roswell, for appellant.
    for defendant: Charles S. Johnson III, Steven W. Hardy Holland & Knight and Richard N. Hubert Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellee.
    Case Number: A00A2474

    Because the city's deposit to pay two condemnees was less than the amount of the combined judgment, the deposit was not valid tender and interest continued to a

  • Brownlow v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles G. Price Smith, Price & Wright, Rome, for appellant.
    for defendant: Tambra P. Colston, District Attorney, and C. Stephen Cox, Assistant District Attorney, Rome, for appellee.
    Case Number: A00A1868

    The psychologist's testimony that the victims exhibited symptoms consistent with sexual abuse accommodation syndrome did not impermissibly address the ultimate issue before the

  • Sudler v. Campbell

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Patrick L. Meriwether and Robert L. Tharp Meriwether & Tharp, Roswell, for appellant.
    for defendant: . Michael Weinstock Weinstock & Scavo PC, Atlanta, Thomas G. Sampson Thomas, Kennedy, Sampson & Patterson, Atlanta, Monica E. Ewing, Atlanta, Lemuel H. Ward and Bernard R. Thomas Sr., Senior Assistant City Attorney City of Atlanta Law Department, Atlanta, for appellees.
    Case Number: A00A2211

    The plaintiffs' appeal was moot because they did not challenge the trial court's grant of summary judgment to the defen

  • Jordon, Jones & Goulding Inc. v. Balfour Beatty Constr. Inc.

    Publication Date: 2000-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: George D. Wenick and Peter M. Crofton Smith & Fleming, Atlanta, for appellant.
    for defendant: Nathan E. Minear Moye, O'Brien, O'Rourke, Hogan & Pickert, Atlanta, Stephen W. Pickert and Brian L. Capps Moye, O'Brien, O'Rourke, Hogan & Pickert, Orlando, Fla., for appellee. Other party representation: Thomas A. Croft, Terrence L. Croft King & Croft, Keith Wiener Holland & Knight, Denval A. Stewart Office of County Attorney, and W. Hensell Harris Jr. Wasson, Sours & Harris, Atlanta.
    Case Number: A00A1043, A00A1046

    Plaintiff's failure to file an expert affidavit in support of its professional malpractice suit subjected the suit to dismissal with prejudice for failure to state a

  • Eisenstein v. DiPrimio

    Publication Date: 2000-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Jay E. Loeb Olim & Loeb LLP, Atlanta, for appellant.
    for defendant: . Keith J. Reisman Holland & Knight and J. William Boone Alston & Bird LLP, Atlanta, for appellees.
    Case Number: A00A1413

    The law firm that received the proceeds of a usurious business loan from the debtor to satisfy an unrelated judgment was entitled to defend the tor's constructive trust claim by arguing that th