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  • Williams v. Park Walk Apartments LP d/b/a Park Walk Apartments

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Joseph M. Todd, Jonesboro, for appellant.
    for defendant: Jerald R. Hanks, Atlanta, for appellee.
    Case Number: A01A2022

    Plaintiff's statement in her summary judgment affidavit that she stepped off the sidewalk at her apartment complex because the sidewalk was icy contradicted her deposition testimony that she cut acr

  • Jordan v. The Georgia Bd. of Pub. Safety

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Michael Weinstock, Richard J. Capriola and Jet Harris Weinstock & Scavo PC, Atlanta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Bruce M. Edenfield and Evan R. Mermelstein Gray, Hedrick & Edenfield LLP, Atlanta, for appellee.
    Case Number: A01A2141

    Although plaintiff couched his claim as a substantive due process violation that deprived him of a constitutionally protected liberty interest, he was attempting to assert a claim for violation of a

  • Mills v. Parker

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: James F. Stovall III King, Taylor & Stovall PC, Tucker, for appellant.
    for defendant: Daniel I. MacIntyre IV and Samuel T. Brannan III Shapiro Fussell Wedge, Atlanta, for appellee. Other party representation: Horatio O. Edmondson, Atlanta.
    Case Number: A01A1984

    Defendant's allegedly contradictory responses in her verified answer and responses to requests for admissions regarding whether she held marketable title to certain property could have been based on

  • Few v. Capitol Materials Inc.

    Publication Date: 2002-01-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Terrence L. Croft King & Croft, Atlanta, for appellant.
    for defendant: Ira L. Rachelson and Lesley Annis Rachelson & White, Atlanta, for appellee.
    Case Number: S01G0498

    Plaintiff's failure to perfect its lien by commencing an action against the contractor as required by O.C.G.A. § 44-14-361.1 barred its recovery against the surety bond which defendant posted to sec

  • Focus Entertainment Int'l Inc. v. Partridge Greene Inc.

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Alan I. Begner, Cory G. Begner Begner & Begner PC, Atlanta, and Michael A. Prieto, Cartersville, for appellant.
    for defendant: . T. Michael Tennant, Elizabeth Bertschi and Daniel N. Esrey Alston & Bird, Atlanta, for appellee.
    Case Number: A01A2486

    An adult entertainment store had actual notice by rule nisi that an interlocutory hearing had been ordered on plaintiff's claim of breach of a restrictive covenant prohibiting the sale or display of

  • Licker v. Harkleroad

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Jeffrey H. Schneider Weissman, Nowack, Curry & Zaleon PC, Atlanta, for appellant.
    for defendant: . David H. Flint, Lynn C. Stewart Schreeder, Wheeler & Flint, Atlanta, and Gerald Davidson Jr. Anderson, Davidson & Tate, Lawrenceville, for appellees.
    Case Number: A01A1221

    Amendments to a subdivision's restrictive covenants which allowed for the commercial use of less than all of the lots were invalid without the consent of the adversely affected property owners beca

  • Cheek v. National Auto Sales Inc.

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Roy B. Roberts, Marietta, for appellant.
    for defendant: Michael C. Kendall Conoscienti, Storm & Kendall, Decatur, for appellee.
    Case Number: A01A2363

    Plaintiff did not exercise reasonable care for her own safety when she stepped under a chain stretched across the back of defendant's car lot without noticing an obvious hole in the pavement that wa

  • Parking Deck LLC v. Anvil Corp.

    Publication Date: 2002-01-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael Weinstock, Richard J. Capriola and Jennifer E. Butler Weinstock & Scavo PC, Atlanta, for appellant.
    for defendant: Philip S. Coe, Fayetteville, for appellee.
    Case Number: A02A1706

    Res judicata did not bar plaintiff's claim that it acquired easement rights in the defendant's parking

  • Hawthorne Grading and Hauling v. Rampley

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Anthony J. Morgese, Woodstock, for appellant.
    for defendant: Richard W. Calhoun and John K. Wells Brock, Clay, Calhoun, Wilson & Rogers PC, Marietta, for appellee.
    Case Number: A01A1900

    Under O.C.G.A. § 13-4-103 b, a creditor who knew there was a dispute as to the amount due on the debt could not avoid the defense of accord and satisfaction after the creditor accepted the debtor's

  • Lanier Home Ctr. Inc. v. Underwood

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Rex J. McClinton, Dawsonville, Nancy L. Richardson & D. Thomas LeFevre Stewart, Melvin & Frost LLP, Gainesville, for Lanier Home Ctr. Edmund A. Waller, Gainesville, for Underwood.
    for defendant:
    Case Number: A01A1012; A01A1013

    Plaintiffs did not acquiesce in the purchase of their home by continuing to live on the property while demanding rescission based on the failure of their septic tank s