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  • Pine Pointe Hous. LP v. Lowndes County Bd. of Tax Assessors

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thompson Kurrie Jr. and Edward F. Preston Coleman, Talley, Newbern, Kurrie, Preston & Holland, Valdosta, for appellant.
    for defendant: Walter G. Elliott II Elliott & Blackburn, Valdosta, for appellee. Other party representation: James F. Grubiak, Kelly J. Pridgen, Atlanta, Karen G. Thomas, Deputy County Attorney, and Michael P. Ludwiczak, Senior Assistant County Attorney, Lawrenceville.
    Case Number: A01A1825

    In determining the fair market value of a housing project for ad valorem tax purposes, the trial court properly considered the taxpayer's low-income housing tax credits under Section 42 of the Inter

  • Conex Freight Sys. Inc. v. Georgia Ins. Insolvency Pool

    Publication Date: 2002-03-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Fredric Chaiken Kaufman, Chaiken, Miller & Klorfein, Atlanta, for appellant.
    for defendant: Blakely H. Frye Gorby & Reeves, Atlanta, for appellee. Other party representation: Charles H. Van Freed & Berman, Jo Beth Earl Chambers, Mabry, McClelland & Brooks, Stuart S. Busby Bovis, Kyle & Burch, and Matthew G. Moffett Smith, Howard & Ajax, Atlanta.
    Case Number: A01A2429

    A California company's lease of an Atlanta facility provided some evidence that the company had an insurable interest in property permanently situated in Georgia so that the Georgia Insurers Insolve

  • Merritt v. State

    Publication Date: 2002-03-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Thomas S. Clegg and Jeanne M. Canavan, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A01A2474

    The state failed to prove that defendant was indicted for stealing his first victim's money within the applicable 4-year statute of limit

  • Yargus v. Smith

    Publication Date: 2002-03-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Peter L. Lublin, Monica K. Gilroy and Carol V. Clark McCalla, Raymer, Padrick, Cobb, Nichols & Clark LLC, Roswell, for appellant.
    for defendant: Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, John C. Pennington and Ernest M. Moran, Atlanta, for appellees.
    Case Number: A02A0745

    A real estate purchase contract allowed the buyers to unilaterally extend the closing date to allow for the repair of defects uncovered by a home inspe

  • Delbello v. Bilyeu

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Joyce D. Colmar, Atlanta, for appellant.
    for defendant: Stephen J. Berk, Decatur, and James T. Farrell, Atlanta, for appellee.
    Case Number: S01A1733

    Some evidence supported a finding that certain estate assets consisting primarily of brokerage and bank accounts were included within the category of personal property devised to the decedent's dome

  • Law Journal Press | Digital Book

    Lender Liability and Banking Litigation

    Authors: Edward F. Mannino

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  • Benedict v. Snead

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Joseph H. King Jr., Atlanta, for appellant.
    for defendant: Donald L. Cook McGee & Oxford, and Dennis J. Webb Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellees.
    Case Number: A01A1832

    Res judicata barred plaintiff's amended complaint asserting a claim for return of his earnest money because he was attempting to re-litigate a claim between the parties concerning the same subject m

  • Cody v. Coldwell Banker Real Estate Corp.

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Arthur F. Millard, Atlanta, for appellant.
    for defendant: James F. Stovall III King, Taylor & Stovall PC, Tucker, and Charles B. Walters Jr. Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellees.
    Case Number: A01A1846

    The plaintiff unreasonably delayed transmission of the appellate record by filing an unsupported affidavit of indigence, failing to appear at the hearing to address her indigence claim and waiting

  • Ainsworth v Perreault

    Publication Date: 2002-02-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John A. Howard Burr & Forman LLP, and Mark D. Gropp Wasson, Sours & Harris PC, Atlanta, for appellant.
    for defendant: . Bradley A. Hutchins and Robert J. Proctor Proctor & Chambers, Atlanta, for appellees.
    Case Number: A01A1898

    The sellers did not fraudulently conceal a defect in their home by failing to disclose prior satisfactory re

  • Baker v. Brannen/Goddard Co.

    Publication Date: 2002-02-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James L. Paul and Matthew J. McCoyd Chamberlain, Hrdlicka, White & Williams, Atlanta, for appellant.
    for defendant: Jessica F. Pardi, Lewis E. Hassett, Jennifer L. McKernan Morris, Manning & Martin, Atlanta, and Perry A. Phillips, Marietta, for appellees. Amicus appellees: Steven D. Caley and Seth G. Weissman Weissman, Nowack, Curry & Wilco, Atlanta.
    Case Number: S01G0920

    A limited partnership's agreement to pay real estate commi was strictly divisible for statute of limitation purposes because the agreement provided for payment of an indefinite amount of comm

  • Lakeside Invs. Group Inc. v. Allen

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephen P. Fuller Davidson & Fuller, Duluth, for appellant.
    for defendant: Ronald F. Negin, Paul B. Frickey and John P. O'Brien Thompson, O'Brien, Kemp & Nasuit PC, Norcross, for appellee.
    Case Number: A01A1685

    A broker's alleged misrepresentations about the zoning status of certain property could not serve as basis for a fraud action because the property's zoning status was a matter of law and public r