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  • Lager's LLC v. Palace Laundry Inc. d/b/a/ Linens of the Week

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: O. Jackson Cook The Cook Law Office, Steven P. Smith and Thomas B. Bosch Long, Aldridge & Norman, Atlanta, for appellant.
    for defendant: Shannan L. Freeman, Stephen M. Forte and Cele Ogawa Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A00A2076

    The plaintiff was not entitled to summary judgment on its open account claim because the defendant presented evidence that the plaintiff overcharged the defendant for the goods it provided under the

  • Rose v. Cain

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William S. Hardman, Gainesville, for appellant.
    for defendant: Brett D. Turner Turner & Willis PC, Gainesville, for appellee.
    Case Number: A00A2580

    Defendant who attempted to foreclosure on a fraudulent security deed was not entitled to a directed verdict on the plaintiff's fraud

  • A & D Asphalt Co. Inc. v. Carroll & Carroll of Macon Inc.

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: L. Robert Lovett Lovett, Cowart & Ayerbe LLC, Macon, for appellant.
    for defendant: . James A. Vaughn Vaughn, Wright & Stearns LLP, Forsyth, and Frederick L. Wright II, Atlanta, for appellee.
    Case Number: A00A1192

    Even if the plaintiff's first letter exercising its option to purchase leased property was ineffective, the letter did not constitute a rejection of the option which remained in effect throughout t

  • Douglas Kohoutek Ltd. v. Hartley, Rowe & Fowler PC

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert H. Benefield Jr., Atlanta, for appellant.
    for defendant: Michael J. Gorby, Christine A. Carson, Karen E. Cooper Gorby, Reeves, Peters & Burns and Daniel E. Turner, Atlanta, for appellees.
    Case Number: A00A2064

    There was no evidence that defendants attempted to conceal their alleged delay in filing a UCC financing stat

  • Sudler v. Campbell

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Patrick L. Meriwether and Robert L. Tharp Meriwether & Tharp, Roswell, for appellant.
    for defendant: . Michael Weinstock Weinstock & Scavo PC, Atlanta, Thomas G. Sampson Thomas, Kennedy, Sampson & Patterson, Atlanta, Monica E. Ewing, Atlanta, Lemuel H. Ward and Bernard R. Thomas Sr., Senior Assistant City Attorney City of Atlanta Law Department, Atlanta, for appellees.
    Case Number: A00A2211

    The plaintiffs' appeal was moot because they did not challenge the trial court's grant of summary judgment to the defen

  • Telescripps Cable Co. v. Welsh

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William D. Friend, John W. Sandifer and Mari Meyer Gerry, Friend & Sapronov LLP, Atlanta, for appellant.
    for defendant: Jeffrey G. Casurella, Marietta, Brian N. Smiley and James M. Bishop Page & Bacek, Atlanta, for appellee. Other party representation: Mark M. Middleton, Norcross.
    Case Number: A00A1179

    The plaintiffs were not entitled to recover late fees that they voluntarily paid to a cable company, even if the late fees were an unenforceable pe

  • McClung Surveying Inc. v. Worl

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Carol V. Clark McCalla, Raymer, Padrick, Cobb, Nichols & Clark, Atlanta, for appellant.
    for defendant: . Leon Van Gelderen and John A. Ziolo Cornelson & Van Gelderen LLP, Atlanta, for appellees.
    Case Number: A00A1053

    The buyers were merely incidental beneficiaries of the closing attorney's contract with defendant to survey the seller's pro

  • Head v. DeKalb County

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Susan M. Garrett, Decatur, for appellant.
    for defendant: . Frank E. Jenkins III, Peter R. Olson Jenkins & Nelson, Cartersville, Andrea C. Jones and G. Douglas Dillard Dillard & Galloway, Atlanta, for appellees.
    Case Number: A00A1035

    The plaintiff's suit seeking a declaration as to the legal effect of the county Board of Commissioners' action on a rezoning petition was not an appeal of a zoning decision because the plaintiffs w

  • Faulkner v. Hood

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James N. Butterworth, Cornelia, for appellant.
    for defendant: . J. Douglas Stewart Stewart, Melvin & Frost, Gainesville, for appellees.
    Case Number: A00A1089

    Defendant's agreement to purchase pro for plaintiffs at a public sale was unenforceable because the parties never agreed on how much defendant would pay for the pro

  • Bryan v. MBC Partners LP

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert T. Thompson Jr., Melinda A. Garlington Thompson & Assocs., Gordon J. Rose and Stephen G. Weizenecker, Atlanta, for appellant.
    for defendant: H. Michael Bray Bray & Johnson, Canton, for appellee.
    Case Number: A00A1607

    Homeowner was properly enjoined from hanging a sign on his property that read, "Before You Buy A Home In Here PLEASE See US" because the sign violated the restrictive covenants applicable to the hom