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  • Barnes v. Turner

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Taylor W. Jones Taylor W. Jones & Assocs., and Richard E. Harris, Atlanta, for appellant.
    for defendant: . John C. Rogers and Johannes S. Kingma Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellee.
    Case Number: A03A2331

    Plaintiffs were time-barred from raising a legal malpractice claim that was filed in excess of 4-years after the alleged act of negli

  • Federal Ins. Co. v. Westside Supply Co. Inc.

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles D. Hailey Mozely, Finlayson & Loggins, Atlanta, for Federal Ins. Co. Hayes M. Dever and Douglas M. Robinson Friedman, Dever & Merlin, Atlanta, for Westside Supply Co.
    for defendant:
    Case Number: A03A1380; A03A1381

    The defendant was not entitled to summary judgment on the plaintiff's RICO and conspiracy claims since a jury could conclude from the circumstantial evidence that defendant's stockholder knew the i

  • Grange Mut. Cas. Co. v. Kay

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William A. Myers Myers & Stroberg, Gainesville, for Grange Mut. Cas. Co. Stephen C. Carter, Hartwell, for Kay.
    for defendant:
    Case Number: A03A1334; A03A1335

    The trial court erred in awarding prejudgment interest beginning from the date the probate court "could" have approved the settlement agreement at issue rather than the date the probate court issued

  • Ikola v. Schoene

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Philip S. Coe, Fayetteville, for appellant.
    for defendant: Philip P. Grant McNally, Fox & Grant, Fayetteville, and Todd E. Hatcher Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellees.
    Case Number: A03A1419

    A jury question remained as to whether a realtor and its agent were negligent in representing the plaintiff in a real estate sales transaction where the evidence showed that the realtor actively dis

  • Everts v. Century Supply Corp. d/b/a Century Rain Aid

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James B. Johnson Jr., Lawrenceville, for appellant.
    for defendant: Edward F. Danowitz, Atlanta, J. Michael Kaplan, Columbus, and Charles M. Gisler, Jonesboro, for appellee.
    Case Number: A03A1774

    Factual questions remained as to whether the doctrines of waiver and estoppel barred the plaintiff from enforcing a guarantee, even though the guarantee was irrevocable by its own

  • Kennestone Hosp. Inc. v. Hopson

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Henry D. Green Jr. and Lawrence J. LoRusso Browning & Tanksley, Marietta, for appellant.
    for defendant: Douglas V. Chandler and Frank J. Beltran Beltran & Assocs., Atlanta, for appellee.
    Case Number: A03A0907

    Because the plaintiff hospital brought suit in Gwinnett County to recover amounts due for medical expenses, it consented to that court resolving the defendant's counterclaim based on its release of

  • Boyer v. Whiddon

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: William A. White Smith, Welch & Brittain, McDonough, for appellant.
    for defendant: . Bonnie L. Baker Meadows & Futch PC, Stockbridge, for appellee.
    Case Number: A03A1141

    The record was insufficient to support the trial court's creation of an easement by implication on property owned by the defen

  • Union County v. CGP Inc.

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Dana K. Maine and Paul B. Frickey Freeman, Mathis & Gary LLP, Atlanta, for Union County. John W. Harbin, Simon H. Bloom and Bryan E. Busch Powell, Goldstein, Frazer & Murphy, Atlanta, for CGP Inc.
    for defendant:
    Case Number: S03A0669; S03X0670

    A county's flood ordinances are not subject to municipal zoning regulations since they apply to all property in county subject to specified physical phenomenon-periodic flooding in this

  • Harrell v. Federal Nat'l Payables Inc.

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: John A. Christy and Nathan M. Wheat Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: Candace N. Smith Alston & Bird, Atlanta, for appellee.
    Case Number: A03A1213

    No jury question remained as to whether plaintiff's failure to extend a $10 million line of credit to the first plaintiff's real estate management company caus demise of that company and crea

  • Wilson v. City of Sardis, Ga.

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Samuel W. Cruse, Augusta, for appellant.
    for defendant: Edward J. Grunewald Grunewald & Grunewald, Waynesboro, for appellees.
    Case Number: A03A2314

    Plaintiff's termination did not give rise to an action for alleged wrongful termination because he was an at-will emp