• Savage v. KGE Assocs. Ltd. Partnership

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: W. Ray Persons King & Spaulding, Atlanta, Mitchell Berger, William E. Slade and Michael T. Wood Patton & Boggs, Washington, D.C., for appellant.
    for defendant: . Geoffrey H. Cederholm Miller & Martin LLP, Atlanta, for appellee.

    Case Number: A02A2316; A02A2317

    The trial court erred in applying the passive concealment doctrine to the plaintiff's fraud claim regarding the discovery of a covered-over, non-hazardous dump on land purchased from the defendants

  • Thomas v. B & I Lending LLC

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: L. Matt Wilson and Anthony O. Lakes The Wilson Law Firm PC, Atlanta, for appellant.
    for defendant: Frank M. Lowrey IV Bondurant, Mixson & Elmore, Atlanta, Lisa A. Schmidt and Zoe A. Forrester Richards, Layton & Finger, Wilmington, De., for appellees.

    Case Number: A02A2162

    A Standstill Agreement's provision giving the defendants the right to file litigation first could not be construed to run forever, so a factual determination must be made as to whether the defendant

  • Hurt v. Norwest Mortgage Inc.

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Judith F. Hurt, Clayton, proceeded pro se. Bambi N. Carswell McClure, Ramsay & Dickerson LLP, Toccoa, for appellee.
    for defendant:

    Case Number: A03A0389

    The trial court retained jurisdiction, despite defendant's notice of appeal, since the defendant failed to pay any or all of the appeal costs as required by O.C.G.A. § 5

  • Cline v. Lee

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Vickie L. Ford, Cartersville, and George T. Smith Browning & Tanksley LLP, Marietta, for appellant.
    for defendant: James F. Ledbetter, Calhoun, for appellee.

    Case Number: A02A2181

    Plaintiff's fraud claims against a developer for allegedly breaching his agreement not to become a competing builder in a residential subdivision project failed since the undisputed evidence showed

  • Amador v. Thomas

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jesse L. Young, Stone Mountain, for appellant.
    for defendant: William H. Arroyo William H. Arroyo & Assocs., Tucker, for appellee.

    Case Number: A03A0793

    The trial court erred in instructing the jury that the failure to follow statutory notice requirements renders a materialman's lien invalid and makes the lien claimant liable for da

  • Gaither v. Sanders

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: William D. Strickland Temple, Strickland, Counts & Dinges, and John E. Jones Jr., Decatur, for appellant.
    for defendant: . Paul B. Mazur and Frank B. Lieppe, Atlanta, for appellee.

    Case Number: A02A2404

    The evidence established the parents' liability under the family purpose doctrine for their son's alleged negligence while driving thei

  • Williams v. Williams

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles H. Edwards, Atlanta, for appellant.
    for defendant: . Donald W. Huskins, Eatonton, for appellees.

    Case Number: A02A1763

    The heirs' rights to the decedent's property vested at the time of his death in 1955 and were subject to the administrator's rights to distribution pursuant to former O.C.G.A. § 53-

  • Razavi v. Shakelford

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Paul A. Dietrick Dietrick, Evans, Scholz & Williams, Atlanta, for appellant.
    for defendant: . Stanley E. Kreimer Jr., Atlanta, for appellee.

    Case Number: A02A2102

    Factual questions remained as to whether the defendants could recover in quantum meruit for their services in helping the plaintiff purchase, renovate and sell certain real e

  • Morgan County Bd. of Comm'rs v. Mealor

    Publication Date: 2003-03-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Christian G. Henry, Madison, for appellant.
    for defendant: . Brenda H. Trammell, Madison, for appellee.

    Case Number: S05A1437

    The county's decision not to include the Superior Court Clerk in the county's pension plan was plain and reasonably based on the fact that the Clerk already received pension contributions derived fr

  • Morgan County Bd. of Comm'rs v. Mealor

    Publication Date: 2003-03-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Christian G. Henry, Madison, for appellant.
    for defendant: . Brenda H. Trammell, Madison, for appellee.

    Case Number: S05A1437

    The county's decision not to include the Superior Court Clerk in the county's pension plan was plain and reasonably based on the fact that the Clerk already received pension contributions derived fr