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  • Stoker v. Bellemeade LLC

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John T. McGoldrick Jr., Michael M. Smith, William H. Larsen Martin, Snow, Grant & Napier, Macon, Walter E. Harrington Jr. and Shirley R. Watson, Warner Robins, for Stoker and others. Robert G. Brazier, Steven G. Hall, Seaton D. Purdom Gambrell & Stolz LLP, Atlanta, John G. Walker and Charles W. Byrd Walker, Hulbert, Gray, Byrd & Christy LLP, Perry, for Bellemeade LLC and others.
    for defendant:
    Case Number: A04A2108; A04A2109

    Jamal v. Pirani, 227 Ga. App. 713 1997 and Carter v. Murphey, 256 Ga. App. 150 2002, are overruled to the extent that they are inconsistent with the ruling in Grace Bros., Ltd. v. Farley Indus., In

  • Camp v. Coweta County

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Donald C. Evans Jr., Cartersville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Richard V. Merritt, Assistant Attorney General, Stephen C. Collier, H. Lane Young II and Brenda Godfrey Hawkins & Parnell, Atlanta, for appellees.
    Case Number: A04A2289

    The plaintiff's appeal from the grant of a motion to open default was dismissed because the trial court denied his request for a certificate of immediate review and the case remains pending

  • Foster v. State

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jennifer E. Hildebrand, LaFayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Elizabeth O. Evans and Grover W. Hudgins, Assistant District Attorneys, LaFayette, for appellee.
    Case Number: A04A2256

    The victim's prior consistent statement to a detective was admissible where she testified at trial and the defendant challenged her credib

  • Barnes v. Turner

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Taylor W. Jones Taylor W. Jones & Assocs., and Richard E. Harris, Atlanta, for appellant.
    for defendant: . John C. Rogers and Johannes S. Kingma Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellee.
    Case Number: A03A2331

    When payment on a secured transaction is to be made over more than five years, the lawyer handling the transaction has some duty regarding renewal of the UCC financing state

  • Steele v. Georgia Dep't of Transp.

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Dennis T. Cathey, David A. Sleppy Cathey & Strain, Cornelia, and Matthew T. Allen, Atlanta, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston and Robert C. Edwards, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: A04A1626

    The DOT is not exempt from liability for failing to conform a roadway's shoulder slope ste to generally accepted engineering and design standards after road-widening projects increased the st

  • Dolphin Realty v. Headley

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Philip W. Savrin and Sun S. Choy Freeman, Mathis & Gary LLP, Atlanta, for appellant.
    for defendant: Charles W. Lane Lane & Lane, Marietta, for appellee.
    Case Number: A04A1784

    The defendant landlord was entitled to summary judgment on the tenant's premises liability claim arising from two attacks by the same assailant in her apartment, because the landlord had no knowledg

  • Griffiths v. Rowe Properties

    Publication Date: 2005-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Clark C. Adams Jr., Columbus, for appellant.
    for defendant: Douglas C. Vassy Tissinger, Vance & Greer PC, Columbus, for appellees. Other party representation: Arthur L. Waters, Roswell.
    Case Number: A04A2211

    As an out-of-possession landlord, the owner of an apartment complex could only be liable to third persons for defective construction or failure to r

  • Holcomb v. Walden

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William G. Hasty Jr. and Patricia B. Ball Hasty, Pope & Ball LLP, Canton, for appellant.
    for defendant: . Terry E. Williams and Jason C. Waymire Terry E. Williams & Assocs. PC, Lawrenceville, for appellees.
    Case Number: A04A2333

    The deputy sheriff violated not duty for which he could be held liable, even though he had an earlier encounter with the unlicensed driver who caused the acc

  • Reid v. Midwest Transp.

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James N. Sadd Slappey & Sadd, Atlanta, for appellant.
    for defendant: . Stephen J. Caswell Lane, O'Brien & Caswell PC, Ronald R. Coleman Jr. and Alexander S. Lurey Dennis, Corry, Porter & Smith, Atlanta, for appellees.
    Case Number: A04A1821

    The driver of a tractor-trailer, who parked in an emergency lane and ran to help the occupants of a vehicle that went off into a ravine, was entitled to summary judgment in a negligence action broug

  • Whitmire v. Georgia Power Co.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Hardy Gregory Jr., Cordele, Francis L. Morris Jr. Morris, Webster & Corless, Tifton, Bobby L. Cook, Summerville, and Preyesh K. Maniklal Gregory, Christy, Maniklal & Dennis LLP, Atlanta, for appellant.
    for defendant: Hugh B. McNatt McNatt & Greene, Vidalia, John R. Reinhardt Reinhardt & Whitley, Tifton, Charles J. Willcox Moore, Clarke, Duvall & Rodgers, Louis E. Hatcher, Albany, and Robert L. Pennington, Atlanta, for appellees. Other party representation: Frank M. Lowrey IV Bondurant, Mixson & Elmore, Atlanta.
    Case Number: A04A0826

    The Utilities Protection Center was not required to provide notice to the owner and operator of a high-voltage overhead power line, where the responsible party affirmatively denied that work would b