• Joja Partners LLC v. Adams Properites Inc.

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: T. Michael Tennant and Daniel N. Esrey Alston & Bird, Atlanta, for appellant.
    for defendant: Joseph S. Jacobson, Ellen W. Smith Holt, Ney, Zatcoff & Wasserman LLP, Atlanta, and Jay F. Castle Winn-Dixie Stores Inc., Law Dept., Jacksonville, Fla., for appellee.

    Case Number: A03A1593

    O.C.G.A. § 9-9-2 c 9 did not bar arbitration based on the parties' failure to initial the arbitration provisions in their Asset Management Agreement since that statute applies to employment cont

  • Looney v. M-Squared Inc.

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Craig E. Bertschi Kilpatrick Stockton and George C. Chenggis Richardson & Chenggis, Atlanta, for Looney. Keven K. Kenison Kenison & Dudley and Joel F. Geer, Greeneville, S.C., for M-Squared Inc.
    for defendant:

    Case Number: A03A0614; A03A0615

    The plaintiff could not recover for misappropriation of business opportunities it choose not to p

  • Martha H. West Trust v. Market Value of Atlanta Inc.

    Publication Date: 2003-07-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William L. Colvin, Roswell, for appellant.
    for defendant: Steven D. Caley Weissman, Nowack, Curry & Wilco PC, Warner S. Fox and Christopher S. Keith Hawkins & Parnell, Atlanta, for appellees.

    Case Number: A03A1420; A03A1421

    An ap r was not liable for allegedly over inflating the value of a condominium the plaintiffs purchased where the plaintiffs were not privy to the ap r's contract with the seller and the a

  • White v. Plumbing Distribs. Inc.

    Publication Date: 2003-07-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Richard N. Hubert Chamberlain, Hrdlicka, White & Williams, Atlanta, for appellant.
    for defendant: William M. Ray II and Christopher R. Stovall Anderson, Tate, Mahaffey & McGarity PC, Lawrenceville, for appellee.

    Case Number: A03A1579

    A real estate sales contract was unenforceable because it was devoid of any indicia upon which the metes and bounds of the property to be conveyed could be deter

  • Murphy v. McCaughey

    Publication Date: 2003-07-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James W. Purcell, Michael N. Loebl and Michael B. Hagler Fulcher, Hagler, Reed, Hanks & Harper, Augusta, for Murphy. David E. Hudson Hull, Towill, Barrett & Salley, Augusta, for McCaughey.
    for defendant:

    Case Number: A03A0506; A03A0507

    The plaintiff was entitled to prejudgment interest on a jury award of contribution because a sum recovered as contribution bears interest from the time the surety paid the original oblig

  • Schoenbaum Ltd. Co. LLC v. Lenox Pines LLC

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: F. Carlton King Jr., Thomas A. Croft King & Croft, Peter M. Degnan and David M. Meezan Alston & Bird, Atlanta, for appellant.
    for defendant: . Hylton B. Dupree Jr. Dupree, Johnson, Poole & King, William W. Dreyfoos, Marietta, and Mark A. Johnson, Charleston, S.C., for appellees.

    Case Number: A03A0814, A03A0815

    Plaintiffs lacked standing to bring their RICO claim with regard to defendants' alleged predicate acts of filing a false transfer tax declaration and making false representations to lenders, since t

  • De'Mon v. State

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Lee W. Fitzpatrick, Canton, for appellant.
    for defendant: Patrick H. Head, District Attorney, Ann B. Harris and Amy H. McChesney, Assistant District Attorneys, Marietta, for appellee.

    Case Number: A03A0396

    The jury was authorized to find that that defendant intended to rape the first victim since the evidence showed that the defendant sexually assaulted a second victim who worked at a subdivision unde

  • Strait v. Reid

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: George J. Polatty Jr. Polatty & Sullivan, Roswell, for appellant.
    for defendant: Lori D. Crosby and Robert E. Wilson Wilson, Morton & Downs LLC, Decatur, for appellee.

    Case Number: A03A0569

    A jury question remained as to whether the parties reached a binding agreement for the lease of office space in defendant's professional bui

  • City of Buford, Ga., v. Gwinnett County, Ga.

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gregory D. Jay Chandler & Britt, Buford, for appellant.
    for defendant: Glenn P. Stephens, Senior Assistant County Attorney, Lawrenceville, for appellee. Other Party Representation: Thomas T. Tate Anderson, Tate, Mahaffey & McGarity PC, Lawrenceville.

    Case Number: A03A0313

    The city did not properly annex a 2.38-acre parcel of property for proposed development as a drive-through bank and resta

  • Taylor, Bean & Whitaker Mortgage Corp. v. Brown

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Jeffrey W. Cavender, Sarah McCormack McKenna, Long & Aldridge LLP, Atlanta, and Donald C. Suessmith Jr. McCurdy & Candler LLC, Decatur, for appellant.
    for defendant: . Berrien L. Sutton Sutton & Assocs. PC, Homerville, James M. Walters, Gainesville, and Guyton O. Terry, Valdosta, for appellees.

    Case Number: S03A0137

    The trial court erred in canceling a security deed where the plaintiff admitted that she had not paid off the underlying promissory