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  • Hollberg v. Spalding County

    Publication Date: 2006-10-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gilbert M. Taylor, Atlanta, for appellant.
    for defendant: Newton M. Galloway and John C. Torri Galloway & Lyndall LLP, Griffin, for appellees. Other party representation: Larry S. Mayfield Smith, Welch & Brittain, Barnesville.
    Case Number: A06A0937

    The appellant lacked standing to challenge the rezoning of adjoining property for residential development, since he failed to appeal the county board of commissioner's decision within 30 days as req

  • Johns v. Morgan

    Publication Date: 2006-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Robert H. Stansfield Greer, Stansfield & Turner LLP, Covington, for appellant.
    for defendant: . William G. Johnston III Shepherd & Johnston, Griffin, for appellee.
    Case Number: S06G0576

    The decedent's daughters, as his heirs at law, had the right to petition the superior court for an interlocutory injunction to protect potential estate assets, pending the outcome of the probate pro

  • M. Homes LLC v. Southern Structural Inc.

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gary Freed and Deborah S. Cameron Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: Lance A. Cooper Cooper, Jones & Cooper LLP and Patrick A. Dawson, Marietta, for appellee.
    Case Number: A06A1554

    The builder's predecessor-in-interest waived the right to arbitrate certain construction claims when it failed to raise the defense of arbitration in its answer, participated in discovery and agreed

  • Gladowski v. Department of Family and Children Servs.

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Victoria L. Collier, Decatur, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Michelle Townes, Assistant Attorney General, and Neal B. Childers, General Counsel, Atlanta, for appellee.
    Case Number: A06A1706

    The Civil Practice Act's 3-day rule, which adds three days to the prescribed periods after service of notices or papers other than process, does not apply to appeals of administrative deci

  • Behforouz v. Vakil

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Matthew F. McGahren and Eric J. Marlett McGahren & Chiu LLC, Norcross, for appellant.
    for defendant: . James F. Cooks Jr. and Elliott D. Tiller Goodman, McGuffey, Lindsey & Johnson LLP, Atlanta, for appellee.
    Case Number: A06A1288

    The defendant's daughter was a mere licensee or social guest, when she went to her parents' home to pick up her son and slipped on a rug in the foyer and no evidence showed that the defendant intend

  • Graham v. JD Design Group Inc.

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Warren R. Calvert, Senior Assistant Attorney General, and Michele M. Young, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Thomas H. Hurt, Cordele, for appellee.
    Case Number: A06A1330

    The taxpayer failed to protect itself from liability for its predecessor's delinquent sales and use taxes when it purchased substantially all of the predecessor's a

  • Toy Wright Ventures LLC v. Radlo Foods LLC

    Publication Date: 2006-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert D. Alexander Jr. Davidson, Hopkins & Alexander, Jefferson, and Abbott S. Hayes Jr., Gainesville, for appellant.
    for defendant: Frank Armstrong III Stewart, Melvin & Frost, Gainesville, for appellee.
    Case Number: A06A1590

    The clear and unambiguous terms of the parties' sales contract allowed the defendant to terminate the agreement if it determined that the county would not install and certify sewer service by a cert

  • Griffin Indus. Inc. v. Green

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: L. Lin Wood Jr., William V. Custer IV, Lean J. Knowlton, Katherine V. Hernacki, and Eric P. Schroeder Powell Goldstein LLP, Atlanta, for appellant.
    for defendant: . Michael B. Terry, Steven J. Rosenwasser and Emmet J. Bondurant Bondurant, Mixson & Elmore, Atlanta, for appellees.
    Case Number: A06A1334

    The trial court's order granting class certification in the plaintiffs' nuisance suit failed to specify the findings of facts and conclusions of law, which the trial court used in determining wheth

  • Cleveland Campers Inc. v. R. Thad McCormack PC

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lee S. Goldstein Hassett, Cohen, Goldstein & Port, Atlanta, for appellant.
    for defendant: . Christopher D. Elrod Elrod & Elrod PC, Gainesville, for appellees.
    Case Number: A06A0889

    There was no attorney-client relationship to support a legal malpractice or breach of fiduciary duty action, since no evidence showed that the plaintiffs sought legal advice or assistance from their

  • Nationwide Mortgage Servs. Inc. v. Langley

    Publication Date: 2006-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Joseph D. Buccellato Joseph D. Buccellato & Assocs., Edward J. Bauer, Atlanta, and Kennon Peebles Jr., Duluth, for appellant.
    for defendant: David C. Moulds The Moulds Firm, Peachtree City, and Nicholas S. Papleacos Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellee.
    Case Number: A06A0248

    A jury issue remained as to whether the second defendant had the authority to contract with the plaintiff for demolition work on the first defendant's commercial pro