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  • Homes of Ga. Inc. v. Humana Employers. Health Plan of Ga.

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kenneth S. Canfield and David S. Hagy Doffermyre, Shields, Canfield, Knowles & Devine, Atlanta, for appellant.
    for defendant: Richard L. Shackelford, Barry Goheen, Benjamin W. Pope and Tara L. Adyanthaya King & Spalding LLP, Atlanta, for appellees.
    Case Number: A06A1573

    ERISA does not preempt the plaintiff's state law claims against its in

  • Pierce v. Wise

    Publication Date: 2006-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alina A. Krivitsky and Frank J. Klosik Jr. Greer, Klosik, Daugherty & Swank PC, Atlanta, for appellant.
    for defendant: Charles D. Joyner, Buford, for appellees.
    Case Number: A06A1154

    The plaintiff was entitled to an easement by necessity, since he had no vehicular access to his property and could only access the property by way of navigable w

  • Sierra Craft Inc. v. T. D. Farrell Constr. Inc.

    Publication Date: 2006-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: David J. Merbaum, Alpharetta, for appellant.
    for defendant: J. D. Humphries III, Ronald J. Stay Jr. and Erin Dougherty Stites & Harbison PLLC, Atlanta, for appellee. Other party representation: Bret T. Thrasher Thompson, O'Brien, Kemp & Nasuti PC, Norcross.
    Case Number: A06A1442

    O.C.G.A. § 10-7-31 a 4-notice to a actor of a claim for the protection of a payment bond-does not limit future claims of the notifying supplier to the act amount stated in its notice to th

  • Goobich v. Waters

    Publication Date: 2006-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Lawrence B. Domenico and Sirce Elliott Mozley, Finlayson & Loggins, Atlanta, for appellant.
    for defendant: Thomas T. Tate and Donald L. Swift III Anderson, Tate, Mahaffey & McGarity, Lawrenceville, for appellees.
    Case Number: A06A1456

    The plain language of an addendum to the parties' non-binding letter of intent, clearly showed that the parties reached a binding agre

  • Britt v. Albright

    Publication Date: 2006-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Anthony O. Powell Webb, Tanner & Powell, Lawrenceville, for appellant.
    for defendant: Kenneth L. Levy and Kenneth W. Carpenter Zachary & Seagraves PA, Decatur, for appellees.
    Case Number: A06A2059

    Although the trial court properly held that the subdivision's restrictive cove remain in effect pursuant to their automatic renewal provision, it erred in its interpretation of those cove

  • McClung v. Atlanta Real Estate Acquisitions LLC

    Publication Date: 2006-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Carol V. Clark McCalla, Raymer, Padrick, Cobb, Nichols & Clark LLC, Atlanta, for appellant.
    for defendant: . Gary S. Freed and William J. Piercy Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellee.
    Case Number: A06A0855

    To allow for the introduction of parol evidence to prove a legally sufficient description of property, language within the contract must show with sufficient certainty the seller's intention with re

  • Hamilton v. Renewed Hope Inc.

    Publication Date: 2006-11-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Francis X. Moore and Beth E. Rogers Frank X. Moore & Assocs., Atlanta, for appellant.
    for defendant: Robert J. Proctor, Bradley A. Hutchins, Christopher M. Porterfield, Adam C. Caskey Proctor, Chambers & Hutchins, and Overtis H. Brantley, Atlanta, for appellee.
    Case Number: S06A1053

    The defendant exercised reasonable diligence in attempting to locate the plaintiff and provide her with notice of the foreclose of her right to redeem a condom, which was sold for the non-payment of

  • Harrison v. State

    Publication Date: 2006-11-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Floyd M. Buford Jr. Buford & Buford, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Myra H. Kline and Sharell F. Lewis, Assistant District Attorneys, Macon, for appellee.
    Case Number: A06A0883

    The instant charges alleging that the defendant conspired to engage in mortgage fraud designed to defraud various lending institutions involved different properties, co-conspirators and real estate

  • Z & Y Corp. v. Indore C. Stores Inc.

    Publication Date: 2006-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Bryan M. Cavan and Jennifer B. Grippa Miller & Martin LLC, Atlanta, for appellant.
    for defendant: Steven M. Mills Mills and Moss LLC, Lawrenceville, for appellee.
    Case Number: A06A1152

    The buyer was entitled to specific performance of a sales contract, which conveyed a service station, the parcel of on which it was located and the adjoining parcel of

  • Smith v. Smith

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Paul R. Koehler, Atlanta, for appellant.
    for defendant: Charles E. Bailey and John C. Mayoue Warner, Mayoue, Bates & Nolen PC, Atlanta, for appellee.
    Case Number: S06A0897

    The trial court erred in significantly modifying the terms of the parties' divorce decree in a contempt proce