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  • Iwan Renovations Inc. v. North Atlanta Nat'l Bank

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Albert L. Norton Jr., Alpharetta, and Meredith W. Germain Norton & Assocs. PC, Marietta, for appellant.
    for defendant: . Mitchell S. Rosen Kitchens, Kelley & Gaynes PC, Atlanta, for appellee.
    Case Number: A09A0341

    The creditor was barred from pursuing a deficiency judgment, because the creditor failed to secure judicial confirmation of the foreclosure sale of the secured pro

  • Lee v. Georgia Power Co.

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Abraham A. Sharony, Atlanta, for appellant.
    for defendant: M. Steven Heath Blasingame, Burch, Garrard & Bryant, Athens, for appellee.
    Case Number: A08A2291

    Absent a transcript of the voir dire proceedings, the trial court presumably did not abuse its discretion in refusing to strike for cause a prospective juror, who was a retired employee of the defen

  • Brewer v. Paulk

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Roy E. Barnes, John F. Salter Jr. The Barnes Law Group LLC, Marietta, and Marion T. Pope Jr. Hasty, Pope & Ball, Canton, for appellant.
    for defendant: . Stephen A. Yaklin, Matthew M. Wilkins King & Yaklin LLP, Marietta, Lloyd B. Hedrick Jr. Hedrick Law LLP, Atlanta, and Dennis G. Brewer Sr. Irving, Texas, for appellees.
    Case Number: A08A2392

    The trial court erred in awarding attorneys' fees under O.C.G.A. § 9-15-14 a, because the plaintiffs' suit raised justiciable claims for breach of fiduciary duty and loss of conso

  • Goldstein v. Wells

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Michael I. Fistel Jr. Holzer, Holzer & Cannon LLC, Atlanta, for appellant.
    for defendant: . Tony G. Powers, Kimberly L. Myers Rogers & Hardin LLP, Michael R. Smith, Michael J. Cates, Dan S. McDevitt King & Spalding, James T. Mast, James K. Quillian and Jaime L. Theriot Troutman Sanders LLP, Atlanta, for appellee.
    Case Number: A09A0068

    The Court of Appeals dismissed this shareholder derivative action, since the plaintiff shareholders failed to show that the directors suffered from an actual conflict of int

  • Horesh v. DeKinder

    Publication Date: 2009-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James R. Marshall, Atlanta, for appellant.
    for defendant: Stanley M. Lefco, Atlanta, for appellee.
    Case Number: A08A1895

    The defendants untimely filed their motion for attorneys' fees to recoup costs for the plaintiff's unsuccessful suit, which alleged that defendants breached a written real estate sales contract and

  • Airtab Inc. v. Limbach Co. LLC

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Bobby C. Aniekwu Bobby C. Aniekwu & Assocs., Atlanta, for appellant.
    for defendant: Ira J. Smotherman Jr. and Herman L. Fussell Shapiro, Fussell, Wedge & Martin LLP, Atlanta, for appellees.
    Case Number: A08A1909

    The trial court did not err in rejecting the plaintiff's claims of rator partiality and bias, since the plaintiff cited no authority preventing an rator from questioning witnesses during a

  • Elrod v. Cowart

    Publication Date: 2009-01-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Brandon L. Bowen, Erik J. Pirozzi Jenkins & Olson PC, William A. Neel Jr. and B. Shane Haney Neel Law Firm, Cartersville, for appellant.
    for defendant: . Harry B. White, W. Anthony Moss and John T. Mroczko White, Choate & Watkins LLC, Cartersville, for appellee.
    Case Number: S08A1792

    The appellee, as the decedent's adopted adult child, should be deemed as a natural child under testamentary devise, since he was not expressly excluded from the decedent's

  • Dover Realty Co. Inc. v. Pecce

    Publication Date: 2009-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kenneth G. Lawrence and Douglas R. Ballard Jr. Fears, Lawrence & Turner PC, Jackson, for appellant.
    for defendant: George T. Brown Jr. Brown & Brown, Jonesboro, for appellee.
    Case Number: A08A2066

    A real estate y was not entitled to a commission on the sale of the defendant's property to a private buyer where the defendant reserved the right to do so in his contract with the real estate

  • Bank of Dawson v. Worth Gin Co. Inc.

    Publication Date: 2009-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wilbur T. Gamble III Collier & Gamble LLP, Dawson, for appellant.
    for defendant: Kim M. Minix and James H. Moore III Moore, Clarke, Duvall & Rodgers PC, Albany, for appellee.
    Case Number: A08A1400

    The defendant was liable to the plaintiff on its conversion claim, since the plaintiff had a security interest in a cotton crop, for which the defendant deducted from its purchase price an amount fo

  • Pargar LLC v. Jackson

    Publication Date: 2008-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1046

    Agreements between a broker and its clients regarding the amount of brokerage compensation must be placed in wr