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  • King v. Brock

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: John G. Parker, William K. Whitner, Nathan L. Coppernoll Paul, Hastings, Janofsky & Walker LLP, Atlanta, and Roy E. Barnes The Barnes Law Group LLC, Marietta, for appellant.
    for defendant: . Taylor W. Jones, Jenny E. Jensen, Richard E. Harris Jones, Jensen & Harris, John K. Larkins Jr. and David M. Stewart Chilivis, Cochran, Larkins & Bever LLP, Atlanta, for appellee.
    Case Number: S06G1657

    An award of nominal damages in a contract action is sufficient to confer prevailing party status under a contractual fee-shifting prov

  • Larmon v. CCR Enters.

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas F. Lindsay, Rossville, for appellant.
    for defendant: Dennis D. Watson Watson, Dana & Gottlieb LLP, LaFayette, for appellee. Other party representation: James H. Phillips McCamy, Phillips, Tuggle & Fordham, Dalton.
    Case Number: A07A0111

    The trial court did not err in ruling that the bus driver allegedly responsible for the plaintiff's injuries was an independent contractor, since his employment contract gave him the discretion in t

  • Ranwal Props. LLC v. John H. Harland Co.

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: LeRoy P. Spell Jr. Welch, Spell, Reemsnyder, Pless & Davis PC, Atlanta, for appellant.
    for defendant: Daniel J. King and Brian A. White King & Spalding, Atlanta, for appellee.
    Case Number: A07A0835

    The parties' lease contract provided that the tenant would pay the landlord's insurance premium within 30 days of demand, the landlord's delay in making the demand until near end of the lease term

  • Kennestone Hosp. Inc. v. Harris

    Publication Date: 2007-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William C. Anderson Downey & Cleveland, Marietta, for appellant.
    for defendant: Patrick A. Dawson, Marietta, for appellees.
    Case Number: A07A0571

    Factual questions remained as to whether a hospital had constructive knowledge of loose telephone books lying on its loading

  • Gregorakos v. Wells Fargo Nat'l Assoc.

    Publication Date: 2007-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: A. Thomas Stubbs, Decatur, for appellant.
    for defendant: Nathan P. Bowden, Norcross, for appellee.
    Case Number: A07A0550

    The plaintiff could not seek reformation of a security since she was not in privity to the parties of the original

  • Piedmont Ctr. 15 LLC v. Aquent Inc.

    Publication Date: 2007-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Mark A. Kelley Kitchens Kelley Gaines PC, Atlanta, for Piedmont Ctr. 15 LLC. Harry W. MacDougald Caldwell & Watson LLP, Atlanta, for Aquent Inc.
    for defendant:
    Case Number: A07A0407; A07A0408

    Time was of the essence in the parties' lease for the defendant to comply with the lease's cancellation provision and the defendant failed to tender the cancellation fee until 28 days after it wa

  • Saunders v. Industrial Metals and Surplus Inc.

    Publication Date: 2007-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Josh B. Wages, Gary B. Blasingame Blasingame, Burch, Garrard, Bryant & Ashley, and David R. Montgomery Hudson & Montgomery PC, Athens, for appellant.
    for defendant: . Bruce A. Taylor Jr., Douglas K. Burrell Drew, Eckl & Farnham, David F. Root, Kimberly M. DeWitt Carlock, Copeland, Semler & Stair LLP, M. David Merritt McLain & Merritt PC, and M. Scott Barksdale Barksdale & Assocs., Atlanta, for appellees.
    Case Number: A07A0038

    The plaintiff had equal knowledge that the skylight through which he fell while repairing the roof on the first defendant's building would not support a person's w

  • Graham, Comm'r of Ga. Dept. of Revenue v. Palmtop Properties Inc. d/b/a Good to Go

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Daniel M. Formby, Deputy Attorney General, Warren R. Calvert, Senior Assistant Attorney General, Lourdes Gonzalez and Frances C. Mulderig, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: William M. Droze, T. Jerry Jackson and David F. Golden Troutman Sanders, Atlanta, for appellee.
    Case Number: A06A2340

    O.C.G.A. § 48-8-46, providing for successor liability for unpaid sales taxes when a dealer sells out his business, stock of goods or equipment, did not make the appellant personally liable for its p

  • Norton v. Holcomb

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William A. Neel Jr. Neel & Smith, Cartersville, for appellant.
    for defendant: George L. Welborn and Elizabeth H. Brabham Downey & Cleveland LLP, Marietta, for appellee.
    Case Number: A06A2437

    The defendant did not acquire a private way by prescription and had no right to use the private roadway, since there was no evidence that the defendant, or his predecessor in title, used the roadway

  • Simmons v. State

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A2344

    The precise method of transfer is not an element of the crime of theft by t