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  • Power v. Georgia Exterminators Inc.

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2182, A99A2183

    New homeowner failed to prove that sellers tried to conceal the fact that the home had recent termite d

  • Pacific Grove Holding LLC v. Hardy

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Nicholas S. Papleacos Shapiro, Fussell, Wedge, Smotherman & Marti, Atlanta, for appellant.
    for defendant: Jeffrey B. Talley Jeffrey V. Talley & Assocs. PC, Dallas, and Charles L. Davis Jr. Talley & Darden, Marietta, for appellee. Other party representation: Charles E. Buker III Perrie, Thompson & Buker PC.
    Case Number: A99A1928

    Jury questions remain as to whether seller orally waived time of performance in option con

  • Woods v. State of Georgia

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: George C. Creal Jr., Morrow, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Rita B. Jackson, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A99A2190

    Trial courts should not receive or consider motions to strike or dismiss during unreported calendar calls because the calendar calls do not constitute hearings or trials under the Civil Practic

  • O'Kelley v. Hall County Bd. of Educ.

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Perry M. Sartain, Gainesville, for appellant.
    for defendant: Alfred A. Quillian Jr. Goldner, Sommers, Scrudder & Bass, Atlanta, for appellees. Other party representation: Philip J. Botwinik Hazelton & Sullivan, Todd K. Maziar, Atlanta, and Alex B. Wallach George, Bartles & Wallach, Forest Park.
    Case Number: A99A2096

    The administrative law judge correctly calculated the employee's average weekly wage under the doctrine of concurrent similar employment, since the employee had worked 13 weeks at her full-time job

  • In re Estate of L.C. Reece

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Donald L. Mize, Marietta, for appellant.
    for defendant: William R. Johnson and Melissa W. Gilbert Moore, Ingram, Johnson & Steele, Marietta, for appellee. Other party representation: a. Gregory Poole Dupree, Johnson & Poole, Marietta.
    Case Number: A99A2443

    Because widow did not make sure that all interested parties were served notice of her petition for year's support within the 3-year statute of limitation, her petition was properly dism

  • Robinson v. Star Gas of Hawkinsville Inc.

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: W. McMillan Walker, Dublin, for appellant.
    for defendant: Jan R. Kastanakis, Render C. Freeman and Eric N. Van De Water Carr, Tabb & Pope LLP, Atlanta, for appellee.
    Case Number: A99A2462

    The nonresident defe waived its venue defense when it authorized the trial court to enter judgment, even though the jury was unable to reach a verdict against the resident defe

  • American Net Inc. v. U.S. Cover Inc.

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John R. Neville Banks, Stubbs & Neville, Cumming, for appellant.
    for defendant: J. Arthur Lee Jr., Atlanta, for appellee.
    Case Number: A99A2372

    Magistrate courts have jurisdiction over all claims relating to dispossessory actions, regardless of whether the amounts sought in those claims exceed the magistrate courts' jurisdictional

  • Rahman v. Dalkon Shield Claimants Trust

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Harold L. Kennedy III and Harvey L. Kennedy Kennedy, Kennedy, Kennedy & Kennedy, Winston-Salem, N.C., and Victor A. McLemore, Atlanta, for appellant.
    for defendant: Nancy K. Deming and Carmie L. McCurry Troutman Sanders, Atlanta, Elizabeth Honeywell and Paul D. Barker Jr. Venable, Baetjer & Howard LLP, Baltimore, Md., for appellee.
    Case Number: A00A0685

    Since plaintiff did not pay her appeal costs or file an affidavit of indigency, the state court properly dismissed her appeal on the ground that the delay in transmitting the record was unreasonable

  • Brandon v. Newman

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Keith F. Brandon Zimmerman & Assocs., Atlanta, for appellant.
    for defendant: Samuel W. Cruse, Augusta, for appellee. Other party representation: Elizabeth McLeod Fulcher, Hagler, Reed, Hanks & Harper, Augusta.
    Case Number: A99A1776

    The plaintiff could not enforce his attorney's lien against the defendant's personal injury settlement because the underlying retainer agreement was inexplicably entwined with an unethical fee-split

  • Dillard v. Denson

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Hilliard P. Burt Burt & Burt PA, Albany, and Edward D. Tolley Cook, Noell, Tolley, Bates & Michael LLP, Athens, for appellant.
    for defendant: Elaine W. Hight, Assistant County Attorney, Athens, for appellees.
    Case Number: A99A2418

    The plaintiffs were not entitled to declaratory relief or mandamus with regard to the denial of their untimely ad valorem tax appeal because they did not file a notice of appeal with the county boar