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  • Prime Retail Dev. Inc. v. Marbury Eng'g Co.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mark L. Pickett Donaldson, Bell & Pickett PC, Albany, for appellant.
    for defendant: W. Hensell Harris Jr. Wasson, Sours & Harris, Atlanta, and Donald A. Sweat Gardner, Willis, Sweat & Goldsmith, Albany, for appellee.
    Case Number: A04A1275

    Evidence that the plaintiff chose to close on commercial real estate, which used to be a service station, without reviewing the Phase 1 environmental audit conducted by the defendant supported a jur

  • Georgia Dept. of Revenue v. Georgia Chemistry Council Inc.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Daniel M. Formby, Deputy Attorney General, Warren R. Calvert, Senior Assistant Attorney General, and Lesley C. Berggren, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Edward K. Smith Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A04A1602

    Department of Revenue Rule 560-7-8-.42 2 correctly reflects the plain language of O.C.G.A. § 48-7-40.12 and requires a business enterprise to have positive Georgia taxable net income for each of the

  • Sones v. Real Estate Dev. Group Inc.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Charles E. Muskett, East Point, and Leslie L. Aiken, Gainesville, for appellant.
    for defendant: Edward H. Lindsey Jr. and Sharon E. Murphy Goodman, McGuffey, Aust & Lindsey LLP, Atlanta, for appellees.
    Case Number: A05A0139

    The plaintiff assumed the risk of his injuries from a fall as a matter of law when he voluntarily chose to be lifted high above the ground on a fork lift, which was not designed as a work platform a

  • Newcomer v. Newcomer

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellant.
    for defendant: John T. Croley Jr., Fitzgerald, for appellee.
    Case Number: S04A1287

    A settlement agreement regarding a house and surrounding five acres of land could not be enforced, since was of the essence and certain obligations were not met within that

  • Rhone v. Bolden

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James T. McDonald Jr. and Jamie P. Woodard Swift, Currie, McGhee & Hiers LLP, Atlanta, for Rhone and others. Allen W. Bodiford, Stockbridge, and James B. McGinnis, Lawrenceville, for Bolden. Johannes S. Kingma, Shannon M. McKenzie Carlock, Copland, Semler & Stair, and Roger E. Harris Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for Devlin and others. Other party representation: Richard B. Maner Goodman, Hudnall, Abrams PC, Elizabeth J. Bondurant Carter & Ansley, Atlanta, and Ann J. Herrera Russell & Herrera PC, Decatur.
    for defendant:
    Case Number: A04A1596; A4A1597; A04A1598

    The trial court erred in identifying the contempt as criminal instead of civil, where the parties found in contempt were not punished for their past deeds and could purge themselves of the contempt

  • Timeless Architectural Homes Inc. v. Jones

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James W. McKenzie Jr., Duluth, for appellant.
    for defendant: Taylor W. Jones Taylor W. Jones & Assocs., Atlanta for appellee.
    Case Number: A04A2386

    Factual issues remained as to whether the parties mutually mistakenly believed that the city of Atlanta would automatically grant a single-family residential building permit to the defendant on land

  • Aon Risk Servs. Inc. of Ga. v. Commercial & Military Sys. Co. Inc.

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Theodore J. Sawicki, Scott P. Hilsen and Regina S. Molden Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . Edward J. Tarver and Patrick C. Smith Jr. Hull, Towill, Norman, Bartlett & Salley, Augusta, for appellee.
    Case Number: A04A0913; A04A0917

    Unauthenticated letters were inadmissible under the business records exception to the hearsay rule where the author was not available for cross-examin

  • Harrison v. Williams

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Carl G. Bryan, Augusta, for appellant.
    for defendant: William J. Williams Johnston, Wilkin & Williams, Augusta, for appellee.
    Case Number: A04A2008

    Issues of fact remained with regard to the buyer's tender of the purchase price for certain real pro

  • Dalton Diversified Inc. v. AmSouth Bank

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John W. Davis Jr. and F. Gregory Melton, Dalton, for appellant.
    for defendant: Geoffrey H.Cederholm, William A. Dupree IV Miller & Martin PLLC, Atlanta, Henry C. Tharpe Jr. Sponcler & Tharpe LLC, Dalton and Anthony B. Erwin, Calhoun, for appellee.
    Case Number: A04A2344

    Judgment not withstanding the verdict was demanded as a matter of law with regard to plaintiff's conversion claim because plaintiff did not prove title to the allegedly converted pro

  • A. S. Reeves & Co. Inc. v. McMickle

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: R. Alex Crumbley Crumbley & Crumbley, McDonough, for appellant.
    for defendant: James A. Vaughn and Amy G. Boyer Vaughn, Wright & Stearns, Forsyth, for appellees.
    Case Number: A04A0831

    Plaintiff's option to repurchase four acres of real estate from the defendants was unenforceable under the Statute of Frauds for lack of specificity in its