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  • Walker v. Johnson

    Publication Date: 2006-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Matthew M. Bush Duffy & Feemster, Savannah, for appellant.
    for defendant: . Claude M. Kicklighter Jr., Springfield, for appellees. Other party representation: Christopher W. Phillips Hunter Maclean, Exley & Dunn PC, Savannah, Charles H. Van Horn and Steven A. Wagner Berman Fink Van Horn PC, Atlanta.
    Case Number: A05A1871

    Some evidence showed that the plaintiffs' drainage and flooding problems increased after the first defendant cleared trees from his adjacent pro

  • Thomas-Sears v. Morris

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Robert L. Bunner and C. Terry Blanton Perrie & Cole LLC, Atlanta, for appellant.
    for defendant: Elizabeth A. Price, Daniel F. Diffley Alston & Bird LLP, and Charles E. Leonard, Atlanta, for appellee.
    Case Number: A05A1656

    The defendant was released from his guaranty on a note because a subsequently-executed agreement materially changed his oblig and constituted a nov

  • Stinchcomb v. Wright d/b/a Ray Wright Homes Inc.

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Harold T. Daniel Jr., Laurie W. Daniel, Tiffani Z. Moody, Lindsey G. Churchill and Kelli S. Lott Holland & Knight LLP, Atlanta, for appellant.
    for defendant: . John C. Rogers, Johannes S. Kingma Carlock, Copeland, Semler & Stair LLP, Atlanta, and James E. Bischoff Bischoff & White PC, Fayetteville, for appellees.
    Case Number: A05A2253

    The trial court did not err in granting summary judgment to the plaintiff builders on the defendant real estate developer's counterclaim for breach of contract because the defendant failed to presen

  • Brock v. King

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Taylor W. Jones, Jenny E. Jensen and Richard E. Harris Taylor W. Jones & Assocs., Atlanta, for appellant.
    for defendant: John G. Parker and William K. Whitner Paul, Hastings, Janofsky & Walker LLP, Atlanta, for appellees.
    Case Number: A06A0270

    The trial court erred in failing to give the plaintiff's requested jury charge on nominal da and in using a verdict form that specified actual da but not nominal da

  • Harris v. Werner

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Marc B. Hershovitz, Atlanta, for appellant.
    for defendant: Houston D. Smith III Hertz, Link & Smith PC, Tucker, for appellee. Other party representation: Ryan M Pott Taylor Busch Slipakoff & Duma LLP, Atlanta.
    Case Number: A05A1896

    The re-filing of a complaint after a voluntary dismissal does not divest the original trial court of jurisdiction to rule on a timely motion for attorneys' fees and expenses pursuant to O.C.G.A. § 9-

  • Jackson County v. Earth Resources Inc.

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Julius M. Hulsey and Paul B. Smart Hulsey, Oliver & Mahar LLP, Gainesville, for appellant.
    for defendant: . L. Robert Lovett Lovett, Cowart & Ayerbe LLC, Macon, for appellee. Amicus appellant: James F. Grubiak, Atlanta.
    Case Number: S05A1653

    The county did not grossly abuse its discretion in denying the appellee a special use permit to develop 94.48 acres of property as a construction and demolition landfill, since evidence showed the n

  • Amend v. 485 Properties

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Bruce P. Brown and Thuy N. Vu McKenna, Long & Aldridge LLP, Atlanta, for appellant.
    for defendant: Jill Warner and Peter B. Glass Kilpatrick Stockton LLP, Atlanta, for appellee.
    Case Number: S05Q1462

    Real estate brokers must prove that they are the procuring cause of a sale in order to recover for the value of their services in quantum m

  • Bourke v. Webb

    Publication Date: 2006-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert E. Jones, Madison, for appellant.
    for defendant: Jeffrey H. Schneider Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellees. Other party representation: John E. Robinson McLarty, Robinson & Van Voorhies, Decatur.
    Case Number: A05A2122

    The evidence showed that the defendant builder acted in bad faith, because he told his agent that he had no intention of selling a home to the plaintiffs as contracted, he said he would try to sell

  • Kennedy v. The Droughton Trust

    Publication Date: 2006-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert G. Galbaugh, Decatur, for appellant.
    for defendant: Louis R. Cohan and Alyson Finkelstein Weinstock & Scavo PC, Atlanta, for appellees.
    Case Number: A06A0569

    Where a contract for the sale of property does not contain a specific for performance, the contract will be construed as requiring performance within a reasonable

  • Kay v. W. B. Anderson Feed & Poultry Co. Inc.

    Publication Date: 2006-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Clifton M. Patty Jr., Ringgold, for appellant.
    for defendant: Thomas A. Roach Jr. and Darrell R. Caudill Jr. Roach, Geiger & Caudill, Canton, for appellees.
    Case Number: A05A2204

    The parties agreement for the sale of one acre of property sufficiently described the portion of land the seller intended to c