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  • Cox v. City of Atlanta

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven K. Leibel and Michael T. McCulley Casey, Gilson & Leibel PC, Atlanta, for appellant.
    for defendant: . Jerry L. DeLoach, Deputy City Attorney, and Serena L. Sparks, Assistant City Attorney, Atlanta, for appellees.
    Case Number: A03A2387

    The plaintiffs failed to show that the defendants were strangers to the plaintiffs' contract to provide security for a baseball st

  • Martinez v. DaVita Inc.

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas C. James III James, Bates, Pope & Spivey, Macon, for appellant.
    for defendant: . Kevin T. Brown, Joseph W. Popper Jr. Sell & Melton LLP, Macon, and Paul E. Chronis McDermott, Will & Emery, Chicago, Ill., for appellees.
    Case Number: A03A1791

    A noncompete clause establishing a 40-mile radius not to operate a competing dialysis center was enforc

  • Quarles v. Saddleback Ridge Condominiums Assoc.

    Publication Date: 2004-03-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Imogene L. Quarles, Atlanta, proceeded pro se. Jennifer G. Cooper and Jessica A. Ryan Gambrell & Stolz LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A03A1725

    Appellant's failure to pay the court reporter the balance due for transcribing the hearing was inexcusable and unreasonably delayed the docketing of her a

  • Chamblee v. Grayco

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephen M. Welsh Buzzell, Graham & Welsh LLP, Macon, for appellant.
    for defendant: William T. Casey Jr. and Sean M. Dunn Hicks, Casey & Barber PC, Marietta, for appellee.
    Case Number: A03A2029

    The voluntary departure rule precluded a tenant's recovery for the injuries she sustained when she voluntarily stepped from the sidewalk leading from her apartment and tripped on a partially exposed

  • Bradford v. State

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Demetria Williams DeKalb County Pub. Defender's Office, and Ruth Rocker, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, and David McLaughlin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A03A2442

    The indictment charging the defendants from t money from three named mortgagees on three specified dates sufficiently charged the crimes of theft by t

  • Carden v. Carden

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert L. Mack Jr., Jonesboro, for appellant.
    for defendant: Donald D. Defoor, Douglasville, for appellee.
    Case Number: A03A1903

    A counterclaim is not permitted in response to a motion to con

  • Gerber & Gerber PC v. Regions Bank

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Terry L. Strawser Shivers & Assocs., Alpharetta, for Gerber & Gerber PC, William J. Holley II, James S. Rankin Jr. and Ryan K. McLemore Parker, Hudson, Raines & Dobbs LLP, Atlanta, for Regions Bank.
    for defendant:
    Case Number: A03A1952; A03A1953

    Questions of fact remained as to whether the defendant bank violated reasonable commercial standards of fair dealing by accepting blank-endorsed forged checks made payable to a law firm for deposit

  • Coldwell Banker Real Estate Corp. v. DeGraft-Hanson

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William C. Thompson Weissman, Nomack, Curry & Wilco, for appellant.
    for defendant: . Kenneth M. Sissel, Lilburn, and Douglas P. McManamy The Mathis Law Firm, Atlanta, for appellees.
    Case Number: A03A2032; A03A2033

    The evidence did not support the plaintiffs' claim that real estate company and its agent entered into an agreement with a home seller not to show his property to African-Amer

  • Miller v. Lomax

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James D. Patrick Jr., Bemon G. McBride III, Columbus, and Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, for appellant.
    for defendant: . Robert R. Lomax Marchetti & Lomax LLP, Ray L. Allison Denney, Pease, Allison & Kirk, Richard A. Childs and Jacob Bell, Columbus, for appellees.
    Case Number: A03A1945

    Some evidence showed that the parties agreed to an earlier execution date of their property settlement agreement, so that a jury could find that decedent's transfer of almost half a million dollars

  • Laird v. Risbergs

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Steven A. Pickens and Matthew P. Benson Webb, Tanner & Powell, Lawrenceville, for appellant.
    for defendant: . Ralph L. Taylor III, Buford, for appellee.
    Case Number: A03A2236

    Pursuant to O.C.G.A. § 9-9-2 c 8, disputes in residential real estate contracts may not be compelled to be arbitrated unless the parties initial the arbitration clause contained th