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  • De La Reza v. Osprey Capital LLC

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert J. McCune and John F. Daugherty Greer, Klosik, Daugherty & Swank, Atlanta, for appellant.
    for defendant: . Thomas H. Jefferson Smith, Gambrell & Russell LLP, Atlanta, for appellee.
    Case Number: A07A1744

    Res judicata barred the appellants' double recovery arguments, which they failed to raise in their prior a

  • Lane Supply Inc. v. W. H. Ferguson & Sons Inc.

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Eugene J. Heady Smith, Currie & Hancock, Atlanta, for appellant.
    for defendant: Donald L. Swift III, Thomas T. Tate Andersen, Tate, Mahaffey & McGarity PC, Steven M. Mills and Timothy S. Walls Mills & Moss LLC, Lawrenceville, for appellees.
    Case Number: A07A0701

    The plaintiff's alleged agreement to forebear enforcement of its materialman's lien rights merely gave the plaintiff an equitable lien for the improvements against the property owners, not the defen

  • Perrett v. Sumner

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William G. Hasty Jr., Canton, for appellant.
    for defendant: . John T. Longino, Ellijay, for appellees.
    Case Number: A07A0693

    Res Judicata barred laintiff's negligence action, since the trial court's judgment for the defendant in an earlier litigation was a final adjudication on the merits, even though the court struc

  • Hendry v. Wells

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Vincent T. Gresham, Atlanta, and Christopher J. McFadden, Decatur, for Hendry and others. Thomas T. Tate Andersen, Tate, Mahaffey & McGarity PC, Lawrenceville, James K. Quillian, Merle R. Arnold III and William M. Droze Troutman Sanders for Wells and others.
    for defendant:
    Case Number: A07A0059; A07A0060

    A limited partner may bring a claim against a partne where the primary injury alleged is to the individual plaintiffs, rather than the partne

  • Ben Farmer Realty Inc. v. Owens

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Stanley M. Lefco, Atlanta, for appellant.
    for defendant: Brent J. Savage and Kathryn H. Pinckney Savage, Turner, Pinson & Karsman, Savannah, for appellant. Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellee.
    Case Number: A07A0807

    The parties' unambiguous agreement was for a specific term with no right to terminate the agreement before the term ex

  • Woodland Partners Ltd. Partnership v. Department of Transp.

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Richard N. Hubert Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: Robert M. Dyer Robert M. Dyer & Assocs., Canton, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: A07A0719

    The trial court did not abuse its discretion in striking certain testimony from the condemnee's expert on the ground that the expert valued a 15.2-acre tract of the condemnee's unimproved land as if

  • Cochran Mill Assocs. v. Stephens

    Publication Date: 2007-07-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gus H. Small Jr., Kevin T. O'Sullivan Cohen, Pollock, Merlin, Axelrod & Small PC, and Kelly S. Scarbrough Lord, Bissell & Brook, Atlanta, for appellant.
    for defendant: David W. Davenport and Keith A. Pittman Lamar, Archer & Cofrin LLP, Atlanta, for appellee.
    Case Number: A07A0061

    The plaintiff's partners were sophisticated business persons, who were clearly put on notice of their former managing partner's alleged mismanagement of a general real estate partnership formed to p

  • Hook v. Bergen

    Publication Date: 2007-07-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Alan S. Lowe Buchsbaum & Lowe, Savannah, and David S. Lipscomb, Lawrenceville, for Hook. James B. Franklin Franklin, Taulbee, Rushing, Snipes & Marsh PC, Statesboro, for Bergen.
    for defendant:
    Case Number: A07A0541; A07A0542

    The plaintiff was estopped from seeking further judicial review of the trial court's October 14, 2005 order upholding the validity of 1986 and 1990 orders amending her divorce decree, inter alia, t

  • Campbell v. State

    Publication Date: 2007-07-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Kirby Clements Jr., Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and James A. Dooley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A07A0442

    The state failed to show a definite contract between the defendant and the victim for brokera vices to support the defendant's theft by deception conviction based on a promise to provide broker

  • Peaches Land Trust v. Lumpkin County Sch. Bd.

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James H. Cox Carlton Fields PA, Atlanta, for appellant.
    for defendant: . Sam S. Harben Jr. and Brian C. Smith Harben & Hartley, Gainesville, for appellee.
    Case Number: A07A0403

    A contract for the sale of real estate was ambiguous as to whether it included all of the property indicated on a 1955 plat for the