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  • Clearwater Constr. Co. v. McClung

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David T. Markle, Atlanta, for appellant.
    for defendant: Frank Armstrong III Stewart, Melvin & Frost, W. Andrew Maddox, Gainesville, Bryan A. Downs and Justin H. Hayes Wilson, Morton & Downs LLC, Decatur, for appellee.
    Case Number: A03A0325

    A judgment for the individual defendants on two of plaintiff's did not preclude an award of fees to plaintiff on her prevailing breach of warranty

  • In re Estate of Chambers

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Carl V. Walters and Thomas E. Pujadas Walters, Davis, Meeks & Pujadas, Ocilla, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Daniel M. Formby, Deputy Attorney General, Grace E. Lewis and John B. Ballard Jr., Assistant Attorneys General, Atlanta, for appellee.
    Case Number: A03A1511

    The Attorney General had standing to challenge the defendant's discharge as executor of an estate, since the defendant fraudulently obtained the discharge after distributing substantial amounts of s

  • Woody's Steaks LLC v. Pastoria

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas J. Archer, David G. Mitchell Meadows, Itcher & Trigg, and Lloyd N. Bell, Atlanta, for appellant.
    for defendant: Joseph D. Buccellato Joseph D. Buccellato & Assocs., Atlanta, for appellee.
    Case Number: A03A0679

    The defendant was within his rights to refuse to allow plaintiff to open its restaurant for business and to terminate plaintiff's lease without notice when plaintiff could not produce verification t

  • Hopper v. M&B Builders Inc.

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kathryn J. Jaconetti Jaconetti & Assocs. LLC, Atlanta, for appellant.
    for defendant: . G. E. Adams, Warner Robins, for appellee.
    Case Number: A03A0381

    No authority supported defendants' contention that a construction foreman's alleged perjury was grounds for a new trial in a builder's suit for breach of a new home construction agre

  • Chatham County Bd. of Assessors v. Jepson

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Diane M. McLeod, Savannah, for appellant.
    for defendant: David M. Conner, Walter C. Hartridge and Edgar P. Williams Bouhan, Williams & Levy, Savannah, for appellees.
    Case Number: A03A0031

    The plaintiffs were required to appeal their tax reassessment to the board of equaliz

  • Schrenko v. DeKalb County School District

    Publication Date: 2003-06-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, and Alfred L. Evans Jr., Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: . Alfred A. Lindseth, Rocco E. Testani, Melanie W. Crowe Sutherland, Asbill & Brennan LLP, Atlanta, and Gary H. Sams Weekes & Candler, Decatur, for appellee.
    Case Number: S03A0367

    The county was not entitled to reimbursement for the cost of transporting students to schools outside their residential attendance

  • Wise v. Tidal Constr. Co. Inc.

    Publication Date: 2003-06-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Eugene C. Brooks IV and Christopher M. Kessinger Eugene C. Brooks IV PC, Savannah, for appellant.
    for defendant: . Allison M. Lawler Misner, Scott & Grate, Atlanta, and Jeffrey S. Vaughan Royal & Vaughan, Savannah, for appellee.
    Case Number: A03A0859

    The defendant's inconsistent conduct in extensively preparing for trial constituted a waiver of the mandatory arbitration clause in the parties' new home con

  • In the Interest of M. H. S.

    Publication Date: 2003-06-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Paul J. Oeland IV, Conyers, for appellant.
    for defendant: John C. Leggett, Conyers, for appellee.
    Case Number: A03A0037

    Parental rights of putative father terminated where he was incarcerated, not eligible for parole until the is 27 and expressed an unwillingness to provide financial support for the

  • Williams v. Conerly

    Publication Date: 2003-06-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Randall E. Chew, Pelham, Dawson, for Williams. Wilber T. Gamble III Collier & Gamble LLP, for Stacey. Michael L. Bankston Twitty & Bankston, and William F. Tyson Jr., Camilla, for Conerly.
    for defendant:
    Case Number: S03A0043; S03A0044

    The difference in the appraised value and actual value of partitioned land was insignificant where any additional acreage consisted of undeveloped, wooded

  • Georgia Oilmen's Assoc. v. Georgia Dep't of Revenue

    Publication Date: 2003-06-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David L. Turner and Lou Litchfield Schulten, Ward & Turner LLP, Atlanta, for Georgia Oilmen's Assoc. Thurbert E. Baker Jr., Attorney General, Daniel M. Formby, Deputy Attorney General, William W. Banks Jr. and John B. Ballard Jr., Assistant Attorneys General, Atlanta, for Georgia Dep't of Revenue. Other party representation: Mark H. Cohen Troutman Sanders, Fred B. Kitchens Jr. Wine & Spirits Wholesalers of Ga. Inc., and Ronald W. Rogers Stack & Rogers, Atlanta.
    for defendant:
    Case Number: A03A0474; A03A0475

    Department of Revenue Rule 560-2-4-.02 correctly reflects the plain language of O.C.G.A. § 3-5-31 a and absolutely prohibits malt beverage retailers from buying beer from wholesalers outside of thei