Case Digests

Chambers v. Green

Publication Date: 2000-10-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Donald R. Donovan, Hiram, for appellant.
for defendant: Robert W. Hughes Jr. Hughes & Kaplan, Stone Mountain, for appellee.
Case Number: A00A1589

On defendant's motion for involuntary dismissal, the trial court had authority to decide that plaintiff had not proven essential

Nowlin v. Davis

Publication Date: 2000-10-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Glenville Haldi, Roswell, for appellant.
for defendant: Earl A. Davidson Giddens, Davidson & Mitchell, Atlanta, and Regina E. McMillan Thomas, Kennedy, Sampson & Patterson, Riverdale, for appellees.
Case Number: A00A0921

Because the seller claimed that the real estate contract had expired and refused to take the buyer's money, the buyer was not required to formally tender the purchase

Nails v. Rebhan

Publication Date: 2000-10-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Johnson, Edward H.
Attorneys: For plaintiff: Thomas H. Pittman, Tifton, for appellant.
for defendant: Curtis Farrar Farrar & Hennesy, Douglas, for appellees.
Case Number: A00A1626

Weber Air Conditioning Inc. v. Triple-R Pooler Inc.

Publication Date: 2000-09-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ruffin, John H.
Attorneys: For plaintiff: Stanley E. Harris Jr. Karsman, Brooks & Callaway PC, Savannah, for appellant.
for defendant: David H. Johnson and Amy E. Edgy McCorkle, Pedigo & Johnson LLP, Savannah, for appellees.
Case Number: A00A0942

Subcontractor that did not comply with notice of foreclosure requirements could not enforce its materialman's

Ryland Group v. Daley

Publication Date: 2000-09-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: F. Carlton King Jr. King & Craft, Atlanta, for appellant.
for defendant: Richard J. Capriola and Jett Harris Weinstock & Scavo PC, Atlanta, for appellee.
Case Number: A00A1656, A00A1657

The builder's refusal to repair the plain home until they released money held in escrow under the construction contract supported the award of bad faith attorneys' fees to plain

Smith v. Persichetti

Publication Date: 2000-09-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Russell L. Adkins Jr. Adkins & Whitfield, Marietta, for appellant.
for defendant: Nisbet S. Kendrick III and Caroline K. Bell Womble, Carlyle, Sandridge & Rice, Atlanta, for appellees.
Case Number: A00A0141

Lessees were entitled to the return of a $125,000 payment to their lessor as the payment was not consideration for an option to purchase the property, but merely a down payment they were entitled to

B&R Realty Inc. v. Carroll

Publication Date: 2000-09-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Richard D. Tunkle English, Tunkle & Smith, Clayton, for appellant.
for defendant: . Malcolm S. Campbell, Cornelia, and Sean A. Black, Toccoa, for appellees.
Case Number: A00A0165

Broker's express listing agreement with sellers precluded application of the common law "procuring cause" doctrine with regard to the broker's claim for a real estate commi

Time Warner Entertainment Co. LP v. Six Flags Over Ga. LLC

Publication Date: 2000-09-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: Walter M. Britt Chandler & Britt, Ronald L. Reid Alston & Bird, Atlanta, Evan R. Chesler, Keith R. Hummel Cravath, Swaine & Moore, New York, for appellant.
for defendant: . George W. Fryhofer III Butler, Wooten, Overby, Fryhofer, Daughtery & Sullivan, H. Lamar Mixon, Michael B. Terry, Nancy L. Johnson, Joshua F. Thorpe Bondurant, Mixson & Elmore, Atlanta, James E. Butler Jr., Albert M. Pearson III, Joel O. Wooten Jr., Cale H. Conley Butler, Wooten, Overby, Fryhofer, Daughtery & Sullivan, Columbus, for appellees. Other party representation: Gerald Davidson Jr. Anderson, Davidson & Tate, Lawrenceville.
Case Number: A00A0120

Theme park's general partner breached its fiduciary duty by making bad faith decisions as to the amount and type of capital improvements the theme park would re

West v. Briggs & Stratton Corp.

Publication Date: 2000-08-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ruffin, John H.
Attorneys: For plaintiff: Alan Y. Salzman Montlick & Assocs. PC, Atlanta, and Robert P. Killian Lissner, Killian, Cunningham & Boyd, Brunswick, for appellant.
for defendant: Mark S. Vanderbroek, David C. Vigilante and Thomas E. Reilly Troutman Sanders LLP, Atlanta, for appellee. Other party representation: Robert S. Reeves, Swainsboro, and Eric A. Brewton Shivers & Assocs., Alpharetta.
Case Number: A00A0407

A jury question remains as to whether owner relinquished control over premises where plaintiff was injured so as to relieve owner of liab

Remax N. Atlanta v. Clark

Publication Date: 2000-08-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: Michael T. Thornton, Atlanta, for appellant.
for defendant: . Clifford H. Hardwick, Roswell, for appellee. Other party representation: Seth G. Weissman and Vicki V. Mott Weissman, Nowack, Curry & Wilco, Atlanta.
Case Number: A00A0624

Home buyer could not recover damages from sellers' real estate agent for fraud related to concealed defects since agent's verbal statements were general statements of op