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  • First Bancorp Mortgage Corp. v. Giddens

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gregg Loomis, Atlanta, for appellant.
    for defendant: John R. Lowery Pursley, Howell, Lowery & Meeks, Atlanta, for appellees.
    Case Number: A01A0870

    The trial court properly excluded evidence of other lawsuits filed against defendants alleging flip sales since admitting such evidence would likely have resulted in undue prejudice or confusion wh

  • White v. The Bd. of Comm'rs of McDuffie County, Ga.

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Ziva P. Bruckner and Paul H. Dunbar III Capers, Dunbar, Sanders & Bruckner, Augusta, for appellant.
    for defendant: . Peter R. Olson, G. Carey Nelson III Jenkins & Nelson, Cartersville, and Samuel A. Fowler Jr. Fowler & Wills, Thomson, for appellees.
    Case Number: A01A1509

    The plaintiffs failed to show that a conflict of interest influenced the County Board of Commissioners' decision to approve the County Development Authority's rezoning applic

  • Abellera v. Williamson

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Daniel S. Reinhardt and William M. Droze Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: . James L. Ford Sr. Ford & Barnhart LLP and Carl A. Crowley III Crowley, Appel, Starkey & Holdbrook, Atlanta, for appellees.
    Case Number: S00G1957

    In reversing the grant of summary judgment to defendants, the Court of Appeals failed to looked at other grounds raised by the defendants to determine if the trial court's judgment was right for any

  • Herrman v. Cohen

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Arthur J. Shelfer Jr., Thomasville, for appellant.
    for defendant: T. Mark Thedieck, Thomasville, for appellees.
    Case Number: A01A1439

    The trial court did not abuse its discretion in failing to sua sponte enforce its order compelling discovery in the absence of a motion for sanctions under O.C.G.A. § 9-11

  • Kreimer v. Kreimer

    Publication Date: 2001-09-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Stanley E. Kriemer Jr., Atlanta, proceeded pro se. Elizabeth G. Lindsey Davis, Matthews & Quigley, Hugh C. Wood and L. Jack Swertfeger Jr. Swertfeger & Wood LLP, Atlanta, for appellee.
    for defendant:
    Case Number: S01A0630

    The trial court properly construed a provision in the es' divorce agreement which required the transfer of publicly traded stock to the wife as including only those stocks which were held in th

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  • Harvey v. Lindsey

    Publication Date: 2001-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joseph I. Carter, Tifton, for appellant.
    for defendant: . Joseph B. Gray Jr. Simpson & Gray, Tifton, for appellee.
    Case Number: A01A1236

    The trial court did not impermissibly modify its previous order relating to certain access easements by clarifying its order to detail the easement boundaries which were established by deed or

  • Smith v. Georgia Asset Properties

    Publication Date: 2001-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Leonard E. Smith, College Park, proceeded pro se. Bradley A. Hutchins Proctor & Chambers, Benjamin I. Fink, Aaron B. Chausmer and Kenneth A. Hindman Freed & Berman PC, Atlanta, for appellees.
    for defendant:
    Case Number: A01A0996

    Plaintiff's second complaint purporting to initiate an action against defendants was a nullity because it had the same file number as his original complaint which he voluntarily dismissed and there

  • Lovell v. Hartness

    Publication Date: 2001-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Theodore W. Robinson Carey, Jarrard & Walker, Gainesville, for appellant.
    for defendant: . Seean A. Black, Toccoa, and Cadman R. Kiker Jr., Clarkesville, for appellee.
    Case Number: A01A1072

    The property between plaintiff's subdivision lot and the golf course could not be developed for residentia

  • Sheridan v. Crown Capital Corp.

    Publication Date: 2001-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Van C. Wilkes, Carrollton, for appellant.
    for defendant: Mitchel S. Foster Foltz Martin LLC, Shawn D. Stafford, Atlanta, and Griffin E. Howell III, Solicitor, Griffin, for appellee.
    Case Number: A01A1675

    The developer could not use an inspection clause to terminate a commercial real estate sales agreement because it did not perform an inspection to determine if development of the property was fea

  • Little Tallapoosa Dev. Inc. v. Baldwin Paving Co. Inc.

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gregory E. Stuhler, Norcross, for appellant.
    for defendant: . Sean L. Hynes Downey & Cleveland, Marietta, for appellee.
    Case Number: A01A1263

    Plaintiff's default judgment against the contractor was prima facie evidence that plaintiff furnished labor and materials to improve the liened pro