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  • Baggett v. Baggett

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Joe L. Anderson, Austell, for appellant.
    for defendant: Barry R. Price Winn, Price & Winn, Joseph H. Fowler Hartley, Rowe & Fowler PC and Adam G. Jett Jr. Jett & Liss, Douglasville, for appellees.
    Case Number: A04A2235

    Appellant was not entitled to an executor's commission for his actions involving property, which was transferred out of his father's estate to him and four other individual beneficiaries by consent

  • Morita v. State

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert H. Alexander III, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amy H. McChesney, Russell J. Parker and Frances D. Hakes, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A2299

    Evidence that the defendant previously broke into an apartment, sexually assaulted an 11-year-old girl, took her into the woods and tied her to a chair was admissible to show his motive and lustful

  • Wise v. Tidal Constr. Co. Inc.

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Eugene C. Brooks IV, Savannah, for appellant.
    for defendant: . Lee. C. Mundell, Savannah, for appellee.
    Case Number: A04A1943

    The defendant was entitled to a directed verdict in a negligent construction case because the plaintiff's expert admitted he did not know the standard of care owed by a contractor and there was no e

  • Munroe v. Universal Health Sys. Inc.

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Eric J. Hertz, Mark D. Link and Houston D. Smith III Hertz, Link & Smith PC, Tucker, for appellant.
    for defendant: Michael D. Hostetter, Adriane C. Sammons Nall & Miller LLP, Christine M. Stadler, Atlanta, and Omar R. Zamora Law Office of Pennebaker & Zamora, Dallas, for appellee.
    Case Number: A03A1203

    A hospital was not liable under the theory of respondeat superior for the acts of its employee, who allegedly raped the plaintiff while she was a patient at the hospital's residential treatment fac

  • Harrison v. Williams

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Carl G. Bryan, Augusta, for appellant.
    for defendant: William J. Williams Johnston, Wilkin & Williams, Augusta, for appellee.
    Case Number: A04A2008

    Issues of fact remained with regard to the buyer's tender of the purchase price for certain real pro

  • Humar Properties LLLP v. Prior Tire Enters. Inc.

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Michael S. Waldrop Walker & Waldrop PC, Conyers, for appellant.
    for defendant: . Susan L. Howick and Michael C. Kaplan Macey Wilensky Cohen Wittner Kessler, Atlanta, for appellee.
    Case Number: A04A1678

    In the absence of the transcript, the appellants failed to establish that the arbitrators exhibited a manifest disregard of th

  • Turner v. State

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John M. Clark, Elberton, and Joseph E. Sapp Nelson & Sapp LLC, Toccoa, for Turner Sr. Drew W. Powell, Public Defender, Clarkesville, for Turner. Michael H. Crawford, District Attorney, Clarkesville, Richard K. Bridgeman, Assistant District Attorney, Toccoa, and Brian M. Rickman Stockton & Stockton LLC, Clayton, for appellee.
    for defendant:
    Case Number: A04A2164; A04A2165

    Evidence that one defendant had a sexually transmitted disease during the time in which he allegedly raped the victim did not constitute newly discovered evidence that entitled the defendant to a ne

  • Hiers v. ChoicePoint Servs.

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gordon J. Rose, Roxana F. Dehnad and Robert J. Mottern Weizenecker, Rose, Mottern & Fisher PC, Atlanta, for Hiers. Richard R. Gignilliat and William D. Deveney Elarbee, Thompson, Sapp & Wilson LLP, Atlanta, for ChoicePoint Servs. Inc.
    for defendant:
    Case Number: A04A1415; A04A1416

    Questions remained as to whether the plaintiff's employment contract was valid and enforc

  • Longuepee v. Georgia Inst. of Tech.

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas E. Greer and Kenneth B. Crawford Tisinger, Tisinger, Vance & Greer PC, Carrollton, for appellant.
    for defendant: . Eve A. Appelbaum and Paul A. Henefeld Appelbaum & Assocs., Atlanta, for appellee.
    Case Number: A04A1803

    The Workers' Compensation Act provided an employee's exclusive remedy for the injuries she sustained when a vehicle owned and operated by her employer struck her while she was walking from an employ

  • Coleman v. State

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: McNeill Stokes, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and James L. Yeargan Jr. Solicitor's Office, Atlanta, for appellee.
    Case Number: A04A1976

    The trial court erred in summarily sentencing the defendant for contempt without giving him an opportunity to be