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  • Carden v. Carden

    Publication Date: 2005-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert L. Mack Jr., Jonesboro, for appellant.
    for defendant: Donald F. DeFoor DeFoor & Jones, and Adam G. Jett Jr. Jett & Liss, Douglasville, for appellee.
    Case Number: A05A0853

    Consent order involving real property in Fulton county was unenforceable, since it failed to sufficiently identify the property under the statute of f

  • Henry v. Blankenship

    Publication Date: 2005-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Frederick L. Wright II Vaughn, Wright & Stearns, Atlanta, for appellant.
    for defendant: . H. Michael Bray Bray & Johnson, Canton, for appellee.
    Case Number: A05A1323

    The evidence did not demand a finding that the obligations under the parties' alleged oral agreement were not capable of completion within one

  • Johnson Real Estate Invs. LLC v. Aqua Indus. Inc.

    Publication Date: 2005-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John D. Thalhimer, Marietta, for Johnson Real Estate Invs. LLC and others. Chad R. Henderson Ganek, Wright & Dobkin PC, Atlanta, for Aqua Indus. Inc.
    for defendant:
    Case Number: A05A1968; 05A1969

    An order confirming part of an arbitration award and remanding to the arbitrator for clarification cannot be appealed, because it is not a final jud

  • Duty Free Air and Ship Supply Inc. v. Atlanta Duty Free LLC

    Publication Date: 2005-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Henry R. Bauer Jr. Bauer & Deitch, Emmet J. Bondurant, Michael B. Terry Bondurant, Mixson & Elmore and Mary C. Cooney, Atlanta, for appellant.
    for defendant: George D. Wenick Smith, Currie & Hancock LLP, Robert B. Caput, Atlanta, and Tamara N. Baines, Decatur, for appellee. Other party representation: Tuwanda R. Williams, Assistant City Attorney, Atlanta.
    Case Number: A05A1151

    The trial court should have dismissed the appellee's petition for writ of certiorari based on appellee's failure to post the mandatory

  • United Bank v. West Central Ga. Bank

    Publication Date: 2005-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David B. Dunaway, Thomaston, for appellant.
    for defendant: Alan W. Connell, Thomaston, for appellee.
    Case Number: A05A1133

    The typed in maturity date on a deed to secure debt, along with the incorporation by reference of the note containing the same maturity date, sufficiently complied with O.C.G.A. § 44-14-80 a 1's req

  • Nacoochee Corp. v. Suwanee Inv. Partners LLC

    Publication Date: 2005-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas S. Fisher, Norcross, for appellant.
    for defendant: Charles D. Joyner, Buford, for appellees.
    Case Number: A05A1495

    A lease agreement did not satisfy the statute of frauds, because it contained an inadequate property descri

  • Hendon Properties LLC v. Cinema Dev. LLC

    Publication Date: 2005-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Samuel R. Arden Hartman, Simons, Spielman & Wood LLP, Atlanta, for appellant.
    for defendant: Nicholas J. Pieschel Dreger, Coyle, McClelland, Bergman & Pieschel LLC, Alpharetta, for appellee.
    Case Number: A05A1452

    The parties contract requiring the defendant to do certain site work and to contribute towards the site work costs prior to defendant's sale of certain real property to the plaintiff was unenforcea

  • Franklin Credit Management Corp. v. Friedenberg

    Publication Date: 2005-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Larry W. Johnson and Frank R. Olson Morris, Schneider & Prior LLC, Atlanta, for appellant.
    for defendant: Adam M. Gleklen and Robert M. Sneed Jr. Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A05A0942

    The strict notice provisions of O.C.G.A. § 4 c.1 do not apply to a written demand for liquidated damages for failure to cancel a security deed after the underlying note was satisfied under §

  • In Re: Estate of Barbara Jean Thornton

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James W. Wallis Jr. Smith, Wallis & Scott LLP, Carrollton, for appellant.
    for defendant: George G. Shadrix, Carrollton, for appellee.
    Case Number: A05A0946

    There was no evidence to rebut the presumption that the plaintiffs' stepfather gifted the marital home to the plaintiffs' mother at the time of its purchase, when he deeded it into her

  • Bernath v. People Success Inc.

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Douglas N. Fox Peevy & Lancaster PC, Lawrenceville, for appellant.
    for defendant: Frank McKay Sartain, McKay & Crowell LLP, Gainesville, for appellee.
    Case Number: A05A1100

    The plaintiff assumed the risk that hot coffee might spill on her lap when she knowingly kept a flimsy tray with four cups of coffee on her lap, rather than placing the tray on the floor of her frie