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  • Medlin v. Morganstern

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edwin S. Varner, Warner Robins, for appellant.
    for defendant: Michael Weinstock and Jennifer E. Butler Weinstock & Scavo, Atlanta, for appellees.
    Case Number: A04A0246

    An issue of material fact remained as to whether the plaintiff had an ownership interest in a young horse that was in the defendants' posse

  • Inserection, A Fantasy Store v. City of Marietta

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Alan I. Begner, Eric L. Jenson, Katie K. Wood and Cory G. Begner Begner & Begner PC, Atlanta, for appellant.
    for defendant: . Douglas R. Haynie, Harbert S. Gregory Jr. and Melissa A. P. Haisten Haynie, Litchfield & Crane PC, Marietta, for appellee.
    Case Number: S04A0249

    An adult novelty store's appeal of the grant of a TRO against its continued operation based on its sale of allegedly obscene material was moot since the store's business license had ex

  • Edwards v. Grapefields Inc.

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John D. Stone McCurdy & Stone, Norcross, for Edwards and others. John L. Taylor Jr. and Otto F. Feil III Vincent, Chorey, Taylor & Feil PC, Atlanta, for Grapefields Inc. and others.
    for defendant:
    Case Number: A04A0444; A04A0445

    It was neither illegal nor immoral to issue stock in an alcoholic beverage wholesaler to the wife of an alcoholic beverage retailer emp

  • Bircoll v. Rosenthal

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles F. Peebles, Norcross, for Bircoll and Jaron. William W. Gardner, Atlanta, for Gardner. Monica K. Gilroy and Carol V. Clark McCalla, Raymer, Padrick, Cobb, Nichols & Clark LLC, Roswell, for Flattery and HN Real Estate Group. Robert C. Port Hasslett, Cohen, Goldstein, Port & Gottlieb, Atlanta, for Rosenthal. Other party representation: Ned Blumenthal and Seth G. Weissman Weissman, Nowack, Curry & Wilco PC, Atlanta.
    for defendant:
    Case Number: A04A0346; A04A0347

    ReMax North Atlanta v. Clark, 244 Ga. App. 890 2000, and Salinas v. Skelton, 249 Ga. App. 217 2001, foreclosed the buyers' claims against the sellers' real estate agent and her brokerage firm for fr

  • General Pipeline Co. v. Hardin

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Roger G. Martin and Brandi M. Kellis Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: Ralph E. Hughes, Decatur, and James C. McLaughlin Jr., Atlanta, for appellee.
    Case Number: A04A0939

    A contractor was not entitled to summary judgment where the plaintiff presented evidence that the contractor did not properly compact the hole she stepped in before the contractor hid the hole by c

  • Dawson v. Dawson

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: John J. McArthur McArthur & McArthur, Stanley R. Durden Stan Durden PC, Athens, and David F. Dickinson Dickinson, Mixson & Willis PC, Monroe, for appellant.
    for defendant: . Marie E. Bruce J. Hue Henry PC, Athens, J. Branson Parker Wyndham Felt LLC, Bogart, and Mattie P. D. Maddox, Bishop, for appellees.
    Case Number: S04A0061

    The probate court provided adequate relief for four siblings who challenged the executor's refusal to partition and sell the real property in their father's e

  • Greensboro Ford Inc. v. Ford Motor Co.

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: William R. Oliver Verdery & Oliver, Cornelia, for appellant.
    for defendant: . John H. Fleming and Jackie L. Volk Sutherland, Asbill & Brennan LLP, Atlanta, for appellee.
    Case Number: A04A0022

    The defendant properly terminated the parties' automobile dealership contract after the dealership ceased oper

  • Leventhal v. Cumberland Dev. LLC

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Herman Clark Clark & Clark, Ellijay, and Lee M. Bagel, Marietta, for Leventhal and others. Glen E. Stinson, Dallas, for Cumberland Dev. LLC. Other party representation: Hansell L. Smith Smith, Eubanks, Smith & Darden, and Mike D. Harrison, Marietta.
    for defendant:
    Case Number: A04A0699; A04A0700

    There was no evidence that the defendants agreed to a consent order drafted by the plaintiff's att

  • Mills v. Parker

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James F. Stovall III, Marietta, for appellant.
    for defendant: Daniel I. MacIntyre IV and Robert M. Sommers Shapiro, Fussell, Wedge, Smotherman, Martin & Price, Atlanta, for appellee. Other party representation: Horatio O. Edmondson, Stone Mountain.
    Case Number: A04A0610

    The award of damages to the plaintiff included damages such as interest on earnest money, the costs to move, lost income and telephone charges, which are not recoverable in an action for breach of a

  • Woods v. Savannah Restaurant Corp.

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Claude M. Kicklighter Jr., Springfield, for appellant.
    for defendant: N. Harvey Weitz Weiner, Shearouse, Weitz, Greenberg & Shawe LLP, and David H. Johnson McCorkle, Pedigo & Johnson LLP, Savannah, for appellee.
    Case Number: A04A0802

    Defendant was not entitled to have a judgment against him set aside where the trial court complied with the notice requirements of O.C.G.A. § 16-6-21 c by directing plaintiff's counsel to mail a cop