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  • Premier/Ga. Management Co. Inc. v. Realty Management Corp. d/b/a Lane Co.

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James N. Cline, Roswell, for appellant.
    for defendant: . John A. Sherrill, Stephen M. Parham Seyfarth Shaw LLP, Cary Ichter Balch & Bingham LLP, and George E. Duncan Jr. Duncan & Mangiafico PC, Atlanta, for appellees.
    Case Number: A04A2082

    The plaintiff's fraud claim failed because the plaintiff failed to substantiate its claim for lost profits with any precise data or re

  • Southland Dev. Corp. v. Battle

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Joseph Szczecko and M. T. Simmons Jr. Simmons & Szczecko PC, Decatur, for appellant.
    for defendant: David J. Marmins Balch & Bingham, Atlanta, for appellees.
    Case Number: A04A1941

    The trial court had broad discretion in granting an interlocutory injunction to maintain the status quo while underlying issues involving development in a subdivision are liti

  • Wallace v. Bock

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Wayne S. Tartline Belli, Weil, Grozbean & Davis LLP, and Douglas J. Davis Davis Law Group PC, Atlanta, for appellant.
    for defendant: . Ted Marcus, Atlanta, for appellees.
    Case Number: A04A1769

    The defendant had no obligation to complete the plaintiffs' home after it placed $10,000 into escrow that the parties agreed would remain until the escrow agent was tendered a clear final inspe

  • Harris v. Griffin

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sherard K. Dixon Huff, Powell & Bailey LLC, Roderick E. Edmond and Craig T. Jones, Atlanta, for appellant.
    for defendant: James E. Brim III Forrester & Brim, Gainesville, and Heather C. McGrotty Hall, Booth, Smith & Slover, Atlanta, for appellee.
    Case Number: A05A0576

    The defendant was not entitled to summary judgment based on his argument that he and the plaintiff had no doctor-patient relationship, because the defendant saw the plaintiff as a new patient, took

  • Fletcher v. Ellenburg

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Michael C. Pruett Haygood & Pruett, Watkinsville, for appellant.
    for defendant: Robert J. Grayson and Julie D. Schneider Edwards, Friedewald & Grayson, Marietta, for appellees.
    Case Number: S05A0396

    A tract of land, which the decedent bequeathed to the appellant in her original will, was adeemed pursuant to O.C.G.A. § 53-4-66, because the decedent sold the property and amended her will to speci

  • Stephens v. Hypes

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James M. Poe, Atlanta, for appellant.
    for defendant: . William D. Strickland and William D. Temple Temple, Strickland, Counts & Dinges, Decatur, for appellee.
    Case Number: A04A2387

    Evidence that the decedent swerved to avoid a deer in the road supported the trial court's charge on sudden emer

  • Torrey v. Tausch

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas T. Hobgood and Allison W. Maffei Johnson & Hobgood LLC, Atlanta, for appellant.
    for defendant: Michael S. Webb, Assistant Pub. Defender, Dalton, for appellee.
    Case Number: A04A2056

    A real estate agent's employment contract with the sellers precluded application of the common law "procuring cause" doctrine with regard to the agent's claim for 14 real estate commissions on homes

  • Word v. Stidham

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas E. Parmer Price, Pyles, Dangle, Parmer & Rooks PC, Carrollton, for appellant.
    for defendant: . Patrick J. Gibbs, Roswell, and William A. Wall, Jefferson, for appellees.
    Case Number: A05A0320

    Material issues of fact remained as to whether the defendant's conveyance of his interest in certain residential realty to a limited liability company was a fraudulent attempt to defeat the plaintif

  • Harpagon Co. LLC v. Gelfond

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Robert J. Proctor, Bradley A. Hutchins and Alexander N. Sedki Proctor & Chambers, Atlanta, for appellant.
    for defendant: Kenneth I. Sokolov Fine & Block, Francis X. Moore Frank X. Moore & Assocs., and William A. Castings Jr. City of Atlanta Law Dep't, Atlanta, for appellees.
    Case Number: S04A1605

    Plaintiff's deed to real property located in Fulton county was void, since its predecessor in interest obtained fatally defective title when it purchased the deed in a tax sale and the deed named th

  • Greene County Sch. Dist. v. Greene County

    Publication Date: 2005-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Phillip L. Hartley and Martha M. Pearson Harben & Hartley LLP, Gainesville, for appellant.
    for defendant: . David C. Moss Mills & Moss LLC, Lawrenceville, for appellee.
    Case Number: S04A2130

    A contract providing for the waiver of a portion of the commission on taxes collected by the Tax Commissioner for the Board of Education, which facilitated a real estate exchange, did not constitute