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  • Buckner v. Douglas County

    Publication Date: 2005-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: J. Kevin Moore Moore, Ingram, Johnson & Steele, Marietta, for appellant.
    for defendant: Paul B. Frickey and Dana K. Maine Freeman, Mathis & Gary, Atlanta, for appellees.
    Case Number: A05A0881

    The Board of Commissioner's letter to the plaintiff agreeing to allow him to develop property in accordance with prior zoning amounted to an agreement to amend the county's zoning ordinance in viola

  • Snipes v. Marcene P. Powell & Assocs. Inc.

    Publication Date: 2005-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Warren D. Evans and William A. Trotter III William A. Trotter III PC, Augusta, for appellant.
    for defendant: . Todd E. Hatcher and Seth G. Weissman Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellee.
    Case Number: A05A0650

    The parties' listing agreement entitled the plaintiff to a commission on the f the defendants' property, if the plaintiff introduced the buyer to the property during the listing period and the

  • Masters v. Redwine

    Publication Date: 2005-07-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Rick L. Brown, Dalton, for appellant.
    for defendant: L. Stephen Kelehear Little, Bates & Kelehear, Dalton, for appellee.
    Case Number: S04G1992

    An oral contract for the swap of 5-acres of real estate was enforceable based on the totality of the evidence, which included the plaintiff's complete performance and the defendant's acceptance of t

  • Newton v. Sibley

    Publication Date: 2005-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Scott M. Herrmann The Herrmann Law Firm PC, Atlanta, for appellant.
    for defendant: Denise R. Griffin, Lawrenceville, for appellee.
    Case Number: A05A0325

    The defendant failed to present any valid defense for his default on two promissory

  • Scully v. First Magnolia Homes Inc.

    Publication Date: 2005-06-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Charles F. Peebles, Norcross, for appellant.
    for defendant: John C. Amabile Pursley, Lowery, Meeks LLP, and David R. Perry, Atlanta, for appellees. Amicus appellant: Robert H. Brown III Brown & Shamp, Atlanta.
    Case Number: S04G2110

    The 6-year statute of limitation under O.C.G.A. § 9-3-24 for simple written contracts did not begin to run on the plaintiffs' negligent construction suit arising out of the use of synthetic stucco i

  • MacDonald v. Whipple

    Publication Date: 2005-05-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jeffrey H. Schneider and Louis P. Owens III Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellant.
    for defendant: Daniel C. Jason, Stone Mountain, for appellee.
    Case Number: A05A0481

    The parties did not enter into an enforceable real estate sales contract, because the seller forged her co-owner's sign

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

    Publication Date: 2005-05-27
    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

  • In re Estate of Zeigler

    Publication Date: 2005-05-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Fred S. Clark Clark & Clark, Savannah, for appellant.
    for defendant: David H. Fritts, Savannah, for appellee.
    Case Number: A05A0071

    The probate court had good cause to remove the appellant as the executor of her grandmother's estate, since appellant did not responsibly take control of the assets of the estate and co-mingled esta

  • Owens v. General Motors Corp.

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael S. Webb, Assistant Public Defender, Chatsworth, for appellant.
    for defendant: . Robert D. Hays Jr., Halli D. Cohn and Jason Wenker King & Spalding, Atlanta, for appellee. Other party representation: William C. Rhodes, Snellville.
    Case Number: A04A2117

    An issue of material fact remained as to whether the seatbelt and air bag deployed properly and whether their failure to do so was the proximate cause of enhancing the plaintiff's inj

  • Schreck v. Standridge

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: John C. McManus McManus & Graham, and Michael L. Solis, Atlanta, for appellant.
    for defendant: Josh B. Wages Blasingame, Burch, Garrard, Bryant & Ashley PC, Athens, for appellee.
    Case Number: A05A0678

    O.C.G.A. § 9-2-61 applies only after dismissal of an entire civil action and does not apply where, as here, the trial court has entered or announced a judgment on the