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  • Rolison v. Georgia Cent. Ry. LP

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Malcolm F. Bryant Jr., Vidalia, for appellant.
    for defendant: . Curtis V. Cheney Jr. Cheney & Cheney, Reidsville, and William R. Rice Newton, Smith, Durden, Kaufold, Rice & Tribble, Vidalia, for appellee.
    Case Number: S00A1761; S00A1762

    Railroad's right-of-way was not presumed to be the maximum width allowed by law because defendants presented evidence which put the width of the right-of-way in que

  • Crosby v. Kendall

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Louis K. Polonsky and Matthew D. Crosby, Atlanta, for appellant.
    for defendant: Taylor W. Jones and Jenny E. Jensen Taylor W. Jones & Assocs., Atlanta, for appellees.
    Case Number: A00A2503

    Any error in the trial court's charge that an attorney acting as an escrow agent must meet the standards of the legal profession was harmless because the evidence demanded a finding that the defendi

  • Holy Fellowship Church of God in Christ v. First Community Bank of Henry County

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John A. Pickens, Atlanta, and Newton H. Purvis, Decatur, for appellant.
    for defendant: Thomas E. Baynham II Smalley & Cogburn, Griffin, for appellee.
    Case Number: A00A2036

    Even if the bank had previously accepted late payments on the chu security note, the chu

  • Everchanged Inc. v. Young

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Julian H. Toporek, Savannah, for appellant.
    for defendant: Marvin A. Fentress Oliver, Maner & Gray, Savannah, for appellees.
    Case Number: S01A0649

    Plaintiff's direct appeal of the cancellation of its lis pendens was transferred to the Court of Appeals because the underlying issue involved a legal question which could be resolved without resort

  • Nolan Road West Ltd. v. PNC Realty Holding Corp. of Ga.

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James L. Paul and Matthew J. McCoyd Chamberlain Hrdlicka White Williams & Martin, Atlanta, for Nolan Road West Ltd. and Baker. J. Marbury Rainer and Charles W. Lyons Parker Hudson Rainer & Dobbs, Atlanta, for PNC Realty Holding Corp. of Georgia. Perry A. Phillips, Marietta, Lewis E. Hassett and Jessica F. Pardi Morris, Manning & Martin LLP, Atlanta, for Brannen/Goddard Co.
    for defendant:
    Case Number: A00A2394, A00A2395

    The limited partner's residence in Fulton C was sufficient to confer venue against the partnership in that c

  • McConnell Homes Inc. v. Feria

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey Golomb Morriss & Witcher PA, Atlanta, for appellant.
    for defendant: Albert Feria, Atlanta, proceeded pro se.
    Case Number: A00A1840

    The uncontroverted evidence showed that the defendant breached the parties' real estate sales contract by refusing to return the earnest money deposit after the plaintiff cancelled the contract by t

  • McDonald v. Georgia Dep't of Transp.

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Clifton M. Patty Jr. and Christopher C. Young, Ringgold, for appellant.
    for defendant: . John T. Siess, Ronald R. Womack The Womack Law Firm, Lafayette, Thurbert E. Baker Jr., Attorney General, and R.O. Lerer, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: A00A2577

    The trial court erred in charging the jury that a property owner is not entitled to access to his land at all points on the boundary between the property and all streets, if entire access has not b

  • Calhoun v. Cullum's Lumber Mill

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert S. Kraeuter, Savannah, for appellant.
    for defendant: John E. Suthers and Christopher J. Thompson John E. Suthers PC, Savannah, for appellees. Other party representation: Ryburn C. Ratterree, Tracy O'Connell and Paul D. Meyer Ellis, Painter, Ratterree & Bart LLP, Edward M. Hughes and Timothy J. Haeussler Karsman, Brooks & Callaway PC, Savannah.
    Case Number: A01A0048

    The plaintiff's written addition of terms and restrictions to the parties' timber harvesting contract acted as a counter offer which the defendant never acc

  • Andrews v. Boykin

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: J.L. Jordan, College Park, for appellant.
    for defendant: C. Terry Blanton, Decatur, for appellee.
    Case Number: S00A1445

    Title to pro in quiet title suit remained in the names of both tenants-in-common after their divorce because their separation agreement and divorce decree did not specifically describe the pro

  • Greene v. Team Properties Inc.

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Edmund A. Waller, Gainesville, for appellant.
    for defendant: . R. Thomas Jarrard and and Leonard D. Myers Jr. Carey, Jarrard & Walker, Gainesville, for appellees.
    Case Number: A00A2368

    The plaintiffs knew or should have known that the defendants violated the Fair Business Practice Act when the defendants obtained the plaintiffs' property without complying with O.C.G.A. § 10-1-393 b