Case Digests

City of Gainesville v. Waters

Publication Date: 2002-12-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: T. Bart Gary and Stuart W. Gray Freeman, Mathis & Gary LLP, Atlanta, for appellant.
for defendant: Curtis G. Shoemaker, Athens, and J. Burroughs, Gainesville, for appellees.
Case Number: A02A1530

Georgia Northeastern R.R. Co. Inc. v. Lusk

Publication Date: 2002-12-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Matthew D. Williams and Joyce G. Lewis Casey, Gilson & Williams PC, Atlanta, for appellant.
for defendant: William G. Hasty Jr. and Jonathan A. Pope Hasty, Pope & Ball, Canton, for appellee.
Case Number: A02A1305

The plaintiff was not entitled to attorneys' fees pursuant to O.C.G.A. § 13-6-11 because a genuine controversy existed and there was no evidence of bad

Atlanta Dev. Inc. v. Emerald Capital Invs. LLC

Publication Date: 2002-12-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Larry Chesin Parks, Chesin, Walbert & Miller PC, Atlanta, for appellant.
for defendant: David C. Moulds, Nicholas S. Papleacos Shapiro, Fussell, Wedge, Smotherman, Martin & Price, and Michael E. Ray Wachovia Bank of Ga. NA, Atlanta, for appellee.
Case Number: A02A1567

A jury question remained as to the intended closing date on a real estate purchase and sale agre

Georgia Dep't of Community Health v. Freels

Publication Date: 2002-12-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ruffin, John H.
Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, and Charles E. Hoffecker, Assistant Attorney General, Atlanta, for appellant.
for defendant: Michael Rosetti Swift, Currie, McGhee & Hiers, Atlanta, for appellee.
Case Number: A02A1160

The state department of community health applied the wrong legal standard in denying a petition for Medicaid reimbursement for experimental cerebral palsy treat

Clarence L. Martin PC v. Chatham County Tax Comm'r

Publication Date: 2002-12-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Constance L. Thomas, Savannah, for appellant.
for defendant: Elsie R. Chisholm Inglesby, Falligant, Horne, Courtington & Chisholm, R. Jonathan Hart, and Emily E. Garrard, Savannah, for appellee.
Case Number: A02A1564

A party claiming estoppel in cases involving title to real property must be ignorant of the property's true title and must have acted in reliance upon the other's party's si

Bickford v. Yancey Dev. Co.

Publication Date: 2002-11-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Richard W. Calhoun and Shilpa S. Masih Brock, Clay, Calhoun, Wilson & Rogers PC, Marietta, for appellant.
for defendant: . Fred D. Bentley Fr., Coleen D. Hosack Bentley, Bentley & Bentley, John K. Moore Moore, Ingram, Johnson & Steele, Sam P. Hensley Jr., Marietta, and Jeffrey H. Schneider Weissman, Nowack, Curry & Zaleon PC, Atlanta, for appellee.
Case Number: A02A2208

A covenant requiring 2-acre lots expired by law 20 years after it was ad

Mustaqeem-Graydon v. SunTrust Bank

Publication Date: 2002-11-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: Roosevelt Carter II, Albany, Larry A. Golston Jr., Montgomery, Ala., and Larry Givens, Dothan, Ala., for appellant.
for defendant: . William A. Erwin Hodges, Erwin, Hedrick & Coleman, and Donald A. Sweat Gardner, Willis, Sweat & Goldsmith, Albany, for appellees.
Case Number: A02A1505

Plaintiff's breach of contract and fraud claims against a bank for alleged unaut d disbursement of funds on a construction loan failed since the undisputed evidence showed that the plaintiff au

Hand v. Pettitt

Publication Date: 2002-11-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Nancee E. Tomlinson and Benny M. Martin B.M. Martin & Assocs. PC, Jasper, for appellant.
for defendant: George W. Weaver Weaver & Weaver, and Jeffrey L. Floyd, Jasper, for appellee.
Case Number: A02A2161

Defendant was entitled to a directed verdict on his claim that a road across plaintiff's property was a public road accessible to all subdivision owners since the road was recorded by a subdivision

Fulton County Bd. of Tax Assessors v. Butner

Publication Date: 2002-11-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: Ronald J. Freeman, Thomas A. Cox Jr. and Maureen M. McLeod Johnson, Freeman & Perkins-Hooper LLC, Atlanta, for appellant.
for defendant: Paul L. Hanes, Atlanta, for appellee.
Case Number: A02A0937

The trial court erred in awarding attorneys' fees to plaintiff in her tax assessment appeal without conducting a he

Kepple v. Miller

Publication Date: 2002-10-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Johnson, Edward H.
Attorneys: For plaintiff: Mark A. Yurachek L. David Wolfe PC, Kevin G. Moore and Christopher D. Vaughn George, Melville, Johnson & Assoc., Atlanta, for appellant.
for defendant: William A. Wehunt, Stockbridge, for appellees.
Case Number: A02A0925

The provisions of 11 U.S.C. § 525 b did not applied to defendants' termination of their relationship with plaintiff after she discharged her debt to them in bankruptcy because plaintiff was an inde