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  • Simpson v. Infinity Select Ins. Co.

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Charles A. Gower, Teresa T. Abell, Columbus, O. Wayne Ellerbee and William A. Turner Jr., Valdosta, for appellant.
    for defendant: John H. Smith Jr. Young, Thagard, Hoffman & Smith, Valdosta, for appellee.
    Case Number: A04A1079

    The plaintiff was not insured under his stepf s insurance policy for an accident involving a non-owned vehicle where he was not listed on the policy as either a driver or a resident of his step

  • Ouellet v. Tillitski

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Malcolm K. Sullivan and Michael A. Dillon, Forsyth, for appellant.
    for defendant: Michael J. Gorby and Christine A. Carson Gorby, Reeves, Peters & Burns PC, Atlanta, for appellees.
    Case Number: A04A1271

    The defendants were entitled to immunity from all of the plaintiff's claims under the child abuse reporting statute, since the undisputed evidence showed that the defendants had reasonable cause to

  • Hood v. Peck

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Paul M. Hoffman Deming, Parker, Hoffman, Green & Campbell, Norcross, for appellant.
    for defendant: Neeli Ben-David Bondurant, Mixson & Elmore LLP, Atlanta, for appellee.
    Case Number: A04A1200

    Allowing the commercial tenant to hold over after expiration of the lease did not constitute a novation under O.C.G.A. § 10-7-21, since the explicit terms of the lease allowed the tenant to remain u

  • Rice v. Lost Mountain Homeowners Assoc. Inc.

    Publication Date: 2004-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: J. Andrew Rice and Kathryn W. Rice, Powder Springs, proceeded pro se. Richard W. Calhoun Brock, Clay, Calhoun, Wilson & Rogers, Marietta, for appellees.
    for defendant:
    Case Number: A04A1244

    The plaintiffs' 11-foot-high white vinyl fence violated the restrictive covenants applicable to their

  • Cordell v. Mohawk Indus. Inc.

    Publication Date: 2004-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Brian D. Rogers and Bradford W. Thomas Warshauer, Thomas, Thornton & Rogers PC, Atlanta, for appellant.
    for defendant: M. Scott Barksdale Barksdale & Assocs., and Thomas E. Magill, Atlanta, for appellees.
    Case Number: A04A1025

    The defending corpor ceased to exist as a legal entity after it merged into another corpor

  • In re Capps

    Publication Date: 2004-07-09
    Practice Area:
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    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William P. Smith III, General Counsel, and Kellyn O. McGee, Assistant General Counsel State Bar of Georgia, Atlanta. Kenneth W. Krontz, Douglasville. James B. Ellington, Chairperson Review Panel, Augusta.
    for defendant:
    Case Number: S04Y1586

    An attorney who violated multiple rules of professional conduct with regard to real estate transactions voluntarily surrendered his license to practice law in Ge

  • R. W. Holdco Inc. v. Johnson

    Publication Date: 2004-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Marcia M. Ernst, Edward H. Wasmuth Jr., William Van Hearnburg Jr. and John G. Despriet Smith, Gambrell & Russell, Atlanta, for R. W. Holdco Inc. Alan E. Johnson, Orange, Va., proceeded pro se. Anthony W. Morris McKenna, Long & Aldridge LLP, Atlanta, for Anderson, Davidson & Tate PC. Amelia T. Rudoph, John A. Chandler, Patricia A. Gorham and Joseph A. White Sutherland, Asbill & Brennan LLP, Atlanta, for Moore Stephens Tiller LLC.
    for defendant:
    Case Number: A04A0478; A04A0479; A04A0480; A04A0481

    The defendant attorneys did not breach their fiduciary duty to the plaintiff company because they made the proper disclosures to the officer with apparent authority to authorize the subject transa

  • McCain v. Galloway

    Publication Date: 2004-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas N. Brunt, Cartersville, for appellant.
    for defendant: . Reid G. Kennedy, Marietta, for appellee.
    Case Number: A04A0032

    The fair market value of land developed as a mini-warehouse storage rental property could be determined by its original owner's testimony about his experience with the property, how much he invested

  • Bauerband v. Jackson County

    Publication Date: 2004-06-18
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: E. Wycliffe Orr and Spence Johnson Orr & Orr LLP, Gainesville, for appellant.
    for defendant: . Nolan C. Leake King & Spalding, Thurbert E. Baker, Attorney General, John B. Ballard Jr., Senior Assistant Attorney General, Atlanta, and Daniel C. Haygood, Watkinsville, for appellees.
    Case Number: S04A0226

    The plaintiffs' constitutional attack on O.C.G.A. § 36-60-13 was decided against them in Barkley v. City of Rome, 259 Ga. 355

  • Folds v. Barber

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Curtis R. Richardson, Decatur, for appellant.
    for defendant: Randall L. Keen, Jonesboro, for appellee.
    Case Number: S04A0577

    The parties never reached a meeting of the minds as to a set fee for real estate referrals the plaintiff gave to the def