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  • Trench Shoring Servs. of Atlanta Inc. v. Westchester Fire Ins. Co. Inc.

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Bernard E. Potter Hayes & Potter PC, Atlanta, for appellant.
    for defendant: Glen W. Clark Jr. Howard, Clark & Mercer LLC, Douglasville, for appellee. Other party representation: H. Fielder Martin, Ira J. Smotherman Jr. Shapiro, Fussell, Wedge, Smotherman & Martin, Atlanta, and Joseph L. Roberto, Jonesboro.
    Case Number: A05A1011

    O.C.G.A. § 44-14-361 does not allow persons who furnish materials under contract with a private owner to have a special lien against the owner's private property for work performed off-site on an ad

  • Georgia Dep't of Natural Resources v. Willis

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, Bryan K. Webb, Senior Assistant Attorney General, and Kendall L. Kerew, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Melvin M. Goldstein, Marietta, and Daniel B. Greenfield, Bremen, for appellee.
    Case Number: A05A1361

    Some evidence supported the state personnel board's termination of the appellee's employment as a state park superinte

  • Tidikis v. Network for Med. Communications & Research LLC

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Dorothy Y. Kirkley and Thomas L. Hawker Kirkley & Hawker LLC, Atlanta, for appellant.
    for defendant: Stephen X. Munger and L. Dale Owens Jackson Lewis LLP, Atlanta, for appellees.
    Case Number: A05A0456

    The plaintiff did not completely fail to state a cause of action for breach of fiduciary duty in his wrongful te ion action, even though his employment contract gave his employer the right to t

  • Dasher v. Davis

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Dennis J. Webb and Ashley E. Taylor Webb, Zschunke, Neary & Dikeman LLP, Atlanta, for appellant.
    for defendant: Carl L. Meyer The Meyer Law Firm LLC, Atlanta, for appellees. Other party representation: David J. Reed, Roswell, Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Atlanta, and Timothy G. Cook, Marietta.
    Case Number: A05A0879

    A real estate agent was entitled to summary judgment in the plaintiffs' fraud action, because there was no evidence that the agent had actual knowledge of the alleged defect in the septic system of

  • Harkins v. Channell

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: James D. Hyder Jr., Augusta, for appellant.
    for defendant: . Charles C. Stebbins III, Augusta, for appellees.
    Case Number: A05A0717

    The plaintiffs unambiguously elected to proceed under the parties' contract when they asked the trial court to reform the contact and enfor

  • Torgesen v. Torgesen

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James R. Acrey, Cornelia, for appellant.
    for defendant: M. Steven Campbell, Cornelia, for appellee.
    Case Number: A05A0705

    Where was not of the essence, the parties were required to perform their duties under a settlement agreement within a reasonable

  • SRM Realty Servs. Group LLC v. Capital Flooring Enters. Inc.

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Larry C. Oldham and Brent S. Reece, Cumming, for appellant.
    for defendant: Stephen C. Whicker, Woodstock, for appellee.
    Case Number: A05A0099; A05A0100

    The plaintiff's suit seeking to recover an $11,272.57 cash bond automatically slipped into de when the defendant failed to file a timely answer or seek relief from the de

  • In re: The Estate of Barbara J. Love

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gary D. Zweifel, Atlanta, and Melissa W. Gilbert Moore, Ingram, Johnson & Steele, Marietta, for appellant.
    for defendant: Ann J. Herrera, Dana C. Ashford and Dorothea L. Russell Russell & Herrera PC, Decatur, for appellee.
    Case Number: A05A0083

    Evidence authorized the jury to determine that the appellee was the decedent's common law husband in a will dispute with the decedent'

  • Carroll County Water Auth. v. L.J. S. Grease & Tallow Inc.

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas E. Parmer Price, Pyles, Dangle, Parmer & Rooks PC, Carrollton, and Charles N, Pursley Jr., Atlanta, for appellant.
    for defendant: Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, and Bobby L. Cook, Summerville, for appellee.
    Case Number: A05A0531

    Evidence showing that the condemnee ceased operation of its grease rendering plant more than a year before the condemnation did not preclude an award of business loss damages where the evidence also

  • Common Cause/Ga. v. City of Atlanta

    Publication Date: 2005-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Emmet J. Bondurant, Sarah M. Shalf and Gordon L. Hamrick IV Bondurant, Mixson & Elmore LLP, Atlanta, for appellant.
    for defendant: . Linda K. DiSantis, City Attorney, Lemuel H. Ward City Attorney's Office, Michael V. Coleman, Corliss S. Lawson and Paul T. Kim Lord, Bissell & Brook LLP, Atlanta, for appellees. Amicus appellee: Susan M. Pruett Georgia Mun. Assoc., and James F. Grubiak, Atlanta.
    Case Number: S04G1991

    City taxpayers cannot bring a derivative action against the s former mayor on behalf of the