Filter This View

  • Eckerd Corp. v. Alterman Real Estate Ltd.

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Ezra B. Jones III Pendergast & Jones PC, Atlanta, for appellant.
    for defendant: Neil A. Moskowitz, Atlanta, for appellee.
    Case Number: A03A2284

    The parties' real estate lease plainly obligated the tenant to pay both fixed and percentage

  • MacDonald v. Harris

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jeffrey H. Schneider and Louis P. Owens III Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellant.
    for defendant: Daniel C. Jason, Stone Mountain, for appellee.
    Case Number: A04A0301

    The trial court abused its discretion in awarding attorneys' fees to the defendant without a hearing and without supporting the award with the requisite fin

  • Waugh v. Waugh

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Dewey R. McKenzie Jr. Willis, McKenzie & Long, LaGrange, for appellant.
    for defendant: . Louis R. Kirby Kirby & Roberts, LaGrange, for appellee.
    Case Number: A03A1890; A03A1891

    Some evidence supported a finding that the plaintiff and his father had an equal partnership in the family auto junkyard and the father intended the son to take over the family business once he beca

  • Browning v. Stocks

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert J. Lowe Jr. Daniel & Lowe, Augusta, for appellant.
    for defendant: Joseph H. Huff Kilpatrick Stockton LLP, Atlanta, for appellees.
    Case Number: A03A1902

    Paden v. Murray, 240 Ga. App. 487 1999, is overruled to the extent it held that the plaintiffs' fraud claim was precluded because they affirmed the sales contract for their new

  • Friar v. Friar

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mitchell O. Moore Moore & Studstill, Nashville, for appellant.
    for defendant: Berrien L. Sutton, Homerville, and Bryant H. Bower Jr., Waycross, for appellee.
    Case Number: A03A2329

    The plaintiff was not entitled to summary judgment in her suit, alleging that she was coerced into transferring her assets to her sons, where the evidence showed that she intended the transfer as a

  • Coker v. Coker

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert G. McCurry Minor, Bell & Neal, Dalton, for appellant.
    for defendant: Charles L. Daniel III McCamy, Phillips, Tuggle & Fordham, Dalton, for appellee.
    Case Number: A04A0440

    The trial court did not err in using well-established rules on contract construction in finding that the parties contemplated the receipt of Third Party Offers for all or part or the property in que

  • Action Sound Inc. v. Dep't of Transp.

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James P. Fields, Brunswick, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, and Wilson R. Smith Smith & Jenkins, Vidalia, for appellee.
    Case Number: A03A2386

    The plaintiff in an action appealing the valuation of condemned property is entitled to a new trial because the jury charge on damages improperly equated business losses to lost pr

  • Hicks v. Florida State Bd. of Admin.

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Warren R. Calvert, Senior Assistant Attorney General, Daniel M. Formby, Deputy Attorney General, and Michele M. Young, Assistant Attorney General, Atlanta, for appellant.
    for defendant: . Jackie L. Volk Sutherland, Asbill & Brennan LLP, Atlanta, for appellees.
    Case Number: A04A0562

    An out-of-state public board and its for-profit foreign corporation were not exempt from paying Georgia's real estate transfer fax under O.C.G.A. § 48-6-2 a 3, following the purchase of a $114.8 mil

  • Mountain Aire Realty Inc. v. Birdie White Enters. Inc.

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James C. Hill, Ellijay, for appellant.
    for defendant: . Lawrence S. Sorgen, Hiawassee, for appellee.
    Case Number: A03A2407

    Because there was no real ambiguity in the parties' asset purchase agreement, the seller was entitled to be paid the total minimum purchase price after its principal terminated her employment relat

  • In re Moore

    Publication Date: 2004-01-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William P. Smith III, General Counsel, and Elizabeth M. Williamson State Bar of Georgia, Atlanta. Tony L. Axam Axam, Adams & Secret PA, Atlanta. James B. Ellington, Chairperson Review Panel, Augusta. Charles B. Haygood Jr. Haygood, Lynch, Harris, Melton & Watson LLP, Forsyth.
    for defendant:
    Case Number: S04Y0535, S04Y0536

    An attorney who distributed real estate closing funds to the seller without authorization from the mortgage company in two instances was suspended for three