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  • Lou Robustelli Marketing Servs. Inc. v. Robustelli

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen T. La Briola Fellows, Johnson & La Briola, Atlanta, for Lou Robustelli Marketing Servs. Inc. James C. Watkins and Tom Pye, Norcross, for James Robustelli and others.
    for defendant:
    Case Number: A07A0813; A07A0868

    The plaintiff's claim for breach of fiduciary duty against the first defendant failed, since no evidence showed that the first defendant was the plaintiff's officer, director or agent, or that she h

  • Coastal Marshlands Protection Committee v. Center for a Sustainable Coast

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, James D. Coots, John E. Hennelly, Assistant Attorneys General, Atlanta, and James A. Chamberlin Jr., Brunswick, for Coastal Marshlands Protection Committee. Christopher K. DeScherer S. Envtl. Law Ctr., Stephen E. O'Day Smith, Gambrell & Russell, Mary M. Asbill Turner Envtl. Law Clinic, Atlanta, and Charles C. Smith Jr. Smith & Floyd, St. Mary's, for Center for a Sustainable Coast. Patricia T. Barmeyer King & Spalding, for Point Peter LLP. Other party representation: R. Todd Silliman King & Spalding, Julie V. Mayfield The Georgia Conservancy, Atlanta, Dana F. Braun Karsman, Brooks & Callaway PC, Frank J. Perch III, Andrew H. Ernst Hunter, MacLean, Exley & Dunn PC, Savannah.
    for defendant:
    Case Number: A07A0752; A07A0753; A07A0897; A07A0934

    The ALJ erred in requi he Coastal Marshlands Protection Committee Committee to consider or regulate any aspect of the developer's adjacent high land and upland residential development in consid

  • Franklin v. State

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Benjamin R. Makin Public Defender's Office, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and C. Rebecca Smith District Attorney's Office, Athens, for appellee.
    Case Number: A07A1540

    Although the arresting officer found the victim's wallet on the ground next to the defendant, the evidence showed that the very intoxicated victim was unaware that the defendant patted his pockets o

  • WorksiteRx LLC v. DrTango Inc.

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John C. Spurlin Spurlin & Spurlin, Tifton, for appellant.
    for defendant: Hal J. Leitman Macey, Wilensky, Cohen, Witter & Kessler LLP, Atlanta, for appellee.
    Case Number: A07A1426

    The defendant's affidavit in support of its cross-motion for summary judgment was sufficient to create a jury issue as to whether the parties mutually rescinded their written agre

  • Health Management Assocs. Inc. v. Bazemore

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen L. Stincer and Tracie G. Smith Brennan & Wasden LLP, Savannah, for appellant.
    for defendant: M. Francis Stubbs Stubbs & Assocs., Reidsville, for appellee.
    Case Number: A07A1503

    The trial court erred in denying the defendant's motion to dismiss the plaintiff's claims to the extent that she alleged that the defendant was vicariously liable for the professional negligence of

  • Clayton County Bd. of Tax Assessors v. City of Atlanta

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brian R. Dempsey, Forest Park, and Jack R. Hancock Merritt & Tenney, Atlanta, for appellant.
    for defendant: Edward H. Wasmuth Jr. and William Van Hearnburg Jr. Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A07A0515; A07A0516; A07A0517; A07A0564

    The city's lease of property for the operation of a convention center and the hotel was not for a governmental purpose under O.C.G.A. § 48-5-41, since no evidence showed that the city leased the pro

  • Canal Ins. Co. v. Pro Search

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brian D. Hardison, Powder Springs, for appellant.
    for defendant: Robert J. Proctor, Adam C. Caskey, Bradley A. Hutchins Proctor, Chambers & Hutchins and Edward T. McAfee Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.
    Case Number: A07A0477

    The statute of limitation on the parties' contract for the reimbursement of workers' compensation deductibles did not begin to run 30 days after the insurer paid the deductibles, since the contract

  • Oehlerich v. Llewellyn

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Frank J. Beltran, Douglas V. Chandler Beltran & Assocs. and Keith E. Fryer Silfen, Segal, Fryer & Schuster PC, Atlanta, for appellant.
    for defendant: James T. McDonald Jr., Paul W. Burke and James c. Fox II Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellees.
    Case Number: A07A0485

    The plaintiff failed to establish that defendants' alleged negligence in investigating plaintiff's personal injury claim and determining that it was not viable proximately caused his later failure t

  • Taylor v. State

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A07A0084

    Evidence that defendant occupied an apartment located at the address listed on a UPS package containing 40.1 pounds of marijuana, from which police seized 1,000 grams of cocaine, was in joint posses

  • Reny v. Sneed

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kenneth A. Tapscott and John G. Valente Valente & Assocs., Alpharetta, for appellant.
    for defendant: . Dana B. Miles and Kevin J. McDonough Miles, McGoff & Moore LLC, Cumming, for appellee.
    Case Number: A07A1083

    The defendant waived the contract's expiration when he noted in writing that he accepted the offer two days after the expiration