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  • Sheehan Co. v. McCrory Constr. Co. Inc.

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stanley E. Harris Jr. Callaway, Braun, Riddle & Hughes PC, Savannah, for appellant.
    for defendant: Ryburn C. Ratterree and Tracy A. O'Connell Ellis, Painter, Ratterree & Adams, Savannah, for appellee.
    Case Number: A06A2005

    The arbitrator did not manifestly disregard the law in identifying the appellee as the prevailing party, entitled to attorneys' fees and costs, despite awarding $117,977.05 to the appe

  • Miami Heights LT LLC v. Home Depot USA Inc.

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Ron L. Quigley David, Matthews & Quigley PC, Robert B. Remar and Thomas J. Mew IV Rogers & Hardin LLP, Atlanta, for appellant.
    for defendant: William J. Holley II Parker, Hudson, Rainer & Dobbs, Atlanta, for appellee.
    Case Number: A06A2052

    The parties' letter of intent was unenforceable, because it failed to establish an essential

  • Lawyers Title Ins. Corp. v. New Freedom Mortgage Corp.

    Publication Date: 2007-03-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Kenneth L. Millwood and Jeffrey L. Mapen Nelson, Mullins, Riley & Scarborough, Atlanta, for appellant.
    for defendant: Thomas M. Barton and Aaron P. Tady Smith, Gambrell & Russell LLP, Atlanta, for appellee.
    Case Number: A06A2266

    The trial court did not abuse its discretion in excluding irrelevant evidence that plaintiff's negligence or the negligence of third parties partially caused the loss in question, since the concept

  • Chowhan v. Miller

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William J. Williams Johnston, Wilkin & Williams, Augusta, for appellant.
    for defendant: James B. Trotter Trotter Jones LLP, Augusta, for appellees.
    Case Number: A07A0579

    The buyer's failure to tender additional earnest money by the date specified in the parties' real estate contract authorized the sellers to terminate the contract and was a bar to the buyer's action

  • CS-Lakeview at Gwinnett Inc. v. Simon Property Group

    Publication Date: 2007-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Constance E. Rodts Mayfield, Commander & Pound LLC, William S. Mayfield Duane Morris LLP, Atlanta, Roger J. Magnuson and David Y. Trevor, Minneapolis Minn., for CS-Lakeview. Donald A. Loft and Ross A. Albert Morris, Manning & Martin, Atlanta, for Simon Property Group. John F. Manning Manning & Assocs., Atlanta, for Chicago Title Insurance Company.
    for defendant:
    Case Number: A06A1841; A06A1842

    The parties' agreement under which the plaintiff gained a right of first refusal for an unlimited duration should the defendant obtain a third-party offer as to 133 acres of commercial property in G

  • Paul v. Smith, Gambrell & Russell

    Publication Date: 2007-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Frank J. Beltran and Douglas V. Chandler Beltran & Assocs., Atlanta, for Paul. Robert G. Tanner and Shawn D. Scott Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for Smith, Gambrell.
    for defendant:
    Case Number: A06A2135; A06A2136

    Questions of fact remained as to whether the individual plaintiffs understood the ramifications of executing merger documents prepared by the defending law firm without written consent from a minori

  • In re Halcomb

    Publication Date: 2007-01-19
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    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William P. Smith III, General Counsel, and Jenny K. Mittelman State Bar of Georgia, Atlanta. John A. Nuckolls, Atlanta. Gregory L. Fullerton, Chairperson Review Panel, Albany.
    for defendant:
    Case Number: S07Y0110

    An attorney, who pled guilty in federal court to felony charges involving real estate fraud, voluntarily surrendered his law li

  • Smith v. Smith

    Publication Date: 2006-12-08
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Franklin D. Rozier Jr., Blackshear, and Eugene Highsmith, Brunswick, for appellant.
    for defendant: . Franklin D. McCrea, Alma, for appellees.
    Case Number: S06A0869

    Some evidence authorized the trial court to rule that the decedent was incompetent when he purported to convey his and his wife's 1/3 ownership in the family farm to his daughter-i

  • Cason v. Cason

    Publication Date: 2006-12-08
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Candace E. Rader, Carrollton, and Lee W. Fitzpatrick Lee W. Fitzpatrick & Assocs., Kennesaw, for appellant.
    for defendant: J. Thomas Vance and Kenneth B. Crawford Tisinger, Tisinger, Vance & Greer, Carrollton, for appellee.
    Case Number: S06A1442

    The trial court correctly applied O.C.G.A. § 44-12-152 and awarded the wife an amount based on the highest market value of the husband's stock between the time the husband could sell it and the time

  • Mayor & Council of the City of Fort Valley v. Grills

    Publication Date: 2006-12-08
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Charles E. Jones Jones & Oliver, Fort Valley, for appellant.
    for defendant: . Charles R. Adams Jr. Adams & Adams, Fort Valley, for appellee.
    Case Number: A06A0851

    The city of Fort Valley was unauthorized to charge a $75 collection fee to all persons paying overdue property taxes, since O.C.G.A. § 48-3-9 a only allows for collection of the costs associated wit