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  • Professional Standards Comm'n v. Alberson

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Penny Hannah State Law Dep't, Atlanta, William W. Calhoun and Christina L. Folsom Langley & Lee LLC, Albany, for appellant.
    for defendant: James D. Dunham, Griffin, for appellee.
    Case Number: A05A0163

    Some evidence supported the Professional Standards Commission's determination that the superintendent of the Turner county school system violated Interim Ethics Rule 505-2-.03 1 n by brandishing a

  • Bishop Eddie Long Ministries Inc. v. Dillard

    Publication Date: 2005-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Francis X. Moore Frank X. Moore & Assocs., Atlanta, for Bishop Eddie Long Ministries Inc. David H. Flint, Mark W. Forsling and Jason W. Graham Schreeder, Wheeler & Flint, Atlanta, for Dillard and others.
    for defendant:
    Case Number: A05A0279, A05A0280

    The trial court did not abuse its discretion in denying the plaintiffs' prayer for a permanent injunction prohibiting the defendants from destroying or breaching a dam, since the plaintiffs did not

  • Owens v. General Motors Corp.

    Publication Date: 2005-04-08
    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 his inj

  • Howard v. Barron

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Mary F. McCord, Cartersville, for appellant.
    for defendant: . Robert W. Lamb and Hannibal F. Heredia, Cartersville, for appellees.
    Case Number: A04A2007

    The misrepresentation of or failure to disclose the zoning on property for sale cannot serve as a basis for a fraud action, because zoning is a matter o

  • Killearn Partners Inc. v. Southeast Properties Inc.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Gary S. Freed and William J. Piercy Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: . T. Michael Tennant, A. McCampbell Gibson and Wade W. Pearson Alston & Bird LLP, Atlanta, for appellee. Amicus appellee: Seth G. Weissman and Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Atlanta.
    Case Number: S04G1320

    Nothing in the plain and explicit terms of the Georgia Brokerage Relationships in Real Estate Transactions Act precludes a broker from recovering under common law in the absence of a brokerage agr

  • Caincare Inc. v. Ellison

    Publication Date: 2005-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John T. Longino, Ellijay, for appellant.
    for defendant: . Rickie L. Brown, Dalton, for appellees.
    Case Number: A04A1650

    A liquidated damages provision for the misuse of the seller's brand name in a sales agreement for an existing pharmacy was an unenforceable penalty, since the seller never adequately explained how t

  • Witcher v. Level 3 Communications LLC

    Publication Date: 2005-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Richard N. Hubert Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: Carl L. Meyer The Meyer Law Firm LLC, Atlanta, for appellee.
    Case Number: A04A2081

    The condemnee failed to show harm from the trial court's exclusion of expert testimony regarding a third method of valuing the conversion of an existing 10-foot wide easement across her property for

  • Eudy v. Universal Wrestling Corp. Inc.

    Publication Date: 2005-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Stephen G. Weizenecker, Kimberly K. Perez and Roxana F. Dehnad Weizenecker, Mottern & Fisher PC, Atlanta, for Eudy. James A. Lamberth and Lynette E. Smith Troutman Sanders LLP, for Universal Wrestling Corp. Inc. and others.
    for defendant:
    Case Number: A04A2059; A04A2060

    A jury question remained as to whether a professional wrestler detrimentally relied on the defendant's oral promise to pay him for a pay-per-view event in which he did not appear, since the plaintif

  • Peacock v. Kiser

    Publication Date: 2005-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Carl A. Adcock, Morrow, for appellant.
    for defendant: Thomas R. Mock Jr., Christopher S. Keith Hawkins & Parnell LLP, Atlanta, and Stuart B. Bagley, Stockbridge, for appellees.
    Case Number: A04A2092

    The merger clause in a purchase agreement precluded the plaintiff's fraud and professional malpractice claims stemming from the alleged misrepresentation of his new home's property

  • Tidwell v. Bassett

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard S. Alembik, Decatur, for appellant.
    for defendant: Joel P. Day and Bradford C. Dodds Funderburk, Day and Lane, Columbus, for appellee.
    Case Number: A04A0438

    Evidence that the defendant agreed to lease back a parking space from the plaintiff following the dissolution of their medical practice supported the jury's finding that the parties intended the dee