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  • Millsaps v. Kaufold

    Publication Date: 2007-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Frank Armstrong III and Nancy L. Richardson Stewart, Melvin & Frost, Gainesville, for appellant.
    for defendant: Emory L. Palmer Carr & Palmer, Atlanta, for appellees.
    Case Number: A07A1132

    Questions of fact remained as to whether an attorney's alleged errors in failing to identify and name corporations controlled by his client's former husband as defendants in a divorce action and his

  • Quality Foods Inc. v. Smithberg

    Publication Date: 2007-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John M. Hamrick, Gregory J. Digel Holland & Knight, Atlanta, for Quality Foods and Darby Bank & Trust Co. Richard J. Harris Brennan, Harris & Rominger, Savannah, for Johan and Gisela Lindeman. N. Harvey Weitz, Michael L. Edwards, Anthony R. Casella Weiner, Shearouse, Weitz, Greenberg & Shaw LLP, for Smithberg and others. Timothy R. Walmsley Hunter, MacLean, Exley & Dunn PC, Savannah, for the Paxton Building Condominium Assoc. Inc.
    for defendant:
    Case Number: A07A1352; A07A1353

    Lender's exception in condominium's declaration applied to the sale of condominium Unit Two and removed the sale from a family trust to a third party from the Declaration's requirement that any tran

  • Slone v. Myers

    Publication Date: 2007-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Debra Slone and Sonja Ebron, St. Petersburg, Fla., proceeded pro se. Ned Blumenthal, Laura S. Morris Weissman, Nowack, Curry & Wilco PC, Atlanta, Martin C. Jones, Allen W. Bodiford, Stockbridge, and William S. Dominy, Decatur, for appellees.
    for defendant:
    Case Number: A07A1089; A07A1406; A07A2274

    The trial court erred in awarding attorneys' fees under O.C.G.A. § 9-15-14 b in the absence of evidentiary he

  • Jones v. Equipment King Int'l

    Publication Date: 2007-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Harvey S. Wasserman, Carnesville, for appellant.
    for defendant: . Daniele C. Johnson Schwerd & Schwerd, Atlanta, for appellee.
    Case Number: A07A1532

    The general denial that the defendants filed in magistrate court was a sufficient response to the plaintiff's allegation that they failed to pay for farm equipment allegedly purchased on consig

  • In re Johnson

    Publication Date: 2007-10-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William P. Smith III, General Counsel, and Paula J. Frederick State Bar of Georgia, Atlanta. Shannon C. Johnson, Orlando, Fla. Gregory L. Fullerton, Chairperson Review Panel, Albany. Margaret G. Washburn, Lawrenceville.
    for defendant:
    Case Number: S07Y1711

    An attorney, who ailed to do any substantive work or complete work as promised on her client's legal matters, failed to adequately communicate with her clients, caused her clients needless worry and

  • Harrison v. Eberhardt

    Publication Date: 2007-09-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Kurt D. Ebersbach Stack & Assocs. PC, Atlanta, for appellant.
    for defendant: William C. Bushnell, Athens, for appellees.
    Case Number: A07A0894

    O.C.G.A. § 9-9-2 c 8-providing that written arbitration provisions may not be enforced in ' "any sales agreement or loan agreement for the purchase or financing of residential real estate unless the

  • McCullough v. Reyes

    Publication Date: 2007-09-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William M. Dallas III and Janice M. Wallace Beck, Owen & Murray, Griffin, for McCullough and others. Andrew C. Ausband, Stockbridge, Alfred D. Fears Sr. Fears, Lawrence & Turner, McDonough, Douglas R. Ballard Jr. Fears, Lawrence & Turner, Jackson, and Christopher B. Jerrard Jones, Cork & Miller LLP, Macon, for Reyes and others. Lloyd B. Hedrick Jr. Gray, Hedrick & Edenfield LLP, Atlanta, and Wade W. Herring II Hunter, MacLean, Exley & Dunn PC, Savannah, for State Farm Fire & Cas. Co.
    for defendant:
    Case Number: A07A0926; A07A0927

    As landlords not in possession, the defendant and his wife were not responsible for the negligence of their tenants in leaving a loaded gun accessible to young boys visiting thei

  • Atlantic Title Ins. Co. v. Aegis Funding Corp.

    Publication Date: 2007-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Aaron P. Tady Smith, Gambrell & Russell LLP, Atlanta, for appellant.
    for defendant: Monica K. Gilroy Dickenson Gilroy LLC, Alpharetta, John P. O'Brien, Lisa A. Frank Thompson, O'Brien, Kemp & Nasuti PC, Norcross, Mark A. Kelley and Stephen V. Kern Kitchens Kelley Gaines PC, Atlanta, for appellees.
    Case Number: A07A1455

    The title insurance policies in question were intended to guard against defects in title, the policies required the insurer to pay or otherwise cure title problems in the event of such defects, defe

  • Chamblee Hotels LLC v. Chesterfield Mortgage Investors Inc.

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kenneth I. Sokolov Fine & Block, Atlanta, for appellant.
    for defendant: . Debbie A. Wilson and John A. Christy Schreeder, Wheeler & Flint, Atlanta, for appellees.
    Case Number: A07A1321

    Some evidence authorized the trial court's finding that the true market value of the foreclosed property was $2.7 M at the time of the foreclosure

  • McKenna v. Capital Resource Partners IV LP

    Publication Date: 2007-08-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Laura M. Shamp Brown & Shamp, Atlanta, for appellant.
    for defendant: . Daniel G. Ashburn Powell Goldstein LLP, Matthew N. Foree, Charles W. Ingraham Seyfarth Shaw LLP, Atlanta, William L. Prickett, Jay B. Kesten and Erik Weibust Seyfarth Shaw LLP, Boston, Mass., for appellees.
    Case Number: A07A0342

    Questions of fact remained as to whether the parties' verbal agreement for the sale of stock, settlement of the plaintiffs' breach of fiduciary duty claims and cancellation of the first plaintiff's