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  • Slaughter v. Brown

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Larry B. Mims, Tifton, for appellant.
    for defendant: . Samuel W. Worthington III Worthington & Flournoy, Columbus, for appellees.
    Case Number: A04A1589

    The Board of Education violated the Open Meetings Act, O.C.G.A. § 50-14-1 d, when it held a special meeting without giving proper notice of the meeting place or complying with the special circumstan

  • Estrada v. State

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kelley A. Dial, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, and Gregory S. Dickson, Bartow County District Attorney's Office, Cartersville, for appellee.
    Case Number: A04A0880

    The Court vacated the defendant's 10-year sentence on his conviction for obstruction and remanded for resentencing because the maximum possible sentence for that crime is five

  • MCG Health Inc. v. Casey

    Publication Date: 2004-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. V. Weston Hull, Towill, Norman, Barrett & Salley, Augusta, for MCG Health Inc. George D. Bush and Martin C. Puetz, Augusta, for Casey. Gary L. Seacrest, Annarita M. Busbee and Peter Werdesheim Seacrest, Karesh, Tate & Bicknese, Atlanta, for Choudri. Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Atlanta, and Stephen E. Curry Curry Law Firm, Augusta, for Board of Regents of the Univ. Sys. and others.
    for defendant:
    Case Number: A04A0846; A04A0847; A04A0848

    The p ff's failure to file an expert affidavit with his original comp barred his professional malpractice claims in his amended comp

  • McCain v. Galloway

    Publication Date: 2004-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas N. Brunt, Cartersville, for appellant.
    for defendant: . Reid G. Kennedy, Marietta, for appellee.
    Case Number: A04A0032

    The fair market value of land developed as a mini-warehouse storage rental property could be determined by its original owner's testimony about his experience with the property, how much he invested

  • Hickey v. State

    Publication Date: 2004-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Amy E. Smith, Assistant District Attorney, Perry, for appellee.
    Case Number: A04A0590

    The trial court did not err in allowing the jury to rehear those portions of the victim's testimony that related to the taking of he

  • Johnson v. AgSouth Farm Credit

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: J. Vincent Cook, Robert C. Irwin III Cook, Noell, Tolley, Bates & Michael LLP, Athens, and Ken W. Smith, Hazelhurst, for appellant.
    for defendant: Charles H. Brown Brown, Rountree & Stewart PC, Statesboro, for appellee. Other party representation: William L. Thompson Cottingham & Porter, James D. Hudson, Douglas, and John T. Croley Jr., Fitzgerald.
    Case Number: A04A0470

    A bank improperly assigned the security on the plaintiff's property to his co-debtor and refused to cancel the debt after the co-debtor paid the note in

  • Endsley v. Robins Fed. Credit Union

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lonzy F. Edwards Edwards & Youmas, Macon, for appellant.
    for defendant: Kirby R. Moore, Macon, for appellee.
    Case Number: A04A0280

    The defendant reasonably sold the plaintiff's vandalized and repossessed vehicle to a body shop for $600.

  • SR Bus. Servs. Inc. v. Bryant

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kenneth L. Millwood, Thomas F. Wamsley Jr., and Anita W. Thomas Nelson, Mullins, Riley & Scarborough, Atlanta, for SR Bus. Servs. Inc. Charles M. Dalziel Jr. and Tyler C. Dunn Brock, Clay, Calhoun, Wilson & Rogers PC, Marietta, for Bryant.
    for defendant:
    Case Number: A04A0108; A04A0109

    The defendant failed to show that the mere enforcement of a forum selection clause in a merger agreement violated public policy where the agreement also contained a covenant not to com

  • Mills v. Parker

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James F. Stovall III, Marietta, for appellant.
    for defendant: Daniel I. MacIntyre IV and Robert M. Sommers Shapiro, Fussell, Wedge, Smotherman, Martin & Price, Atlanta, for appellee. Other party representation: Horatio O. Edmondson, Stone Mountain.
    Case Number: A04A0610

    The award of damages to the plaintiff included damages such as interest on earnest money, the costs to move, lost income and telephone charges, which are not recoverable in an action for breach of a

  • Slocum v. State

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George H. Law III, Gainesville, for appellant.
    for defendant: Jerry Rylee, Solicitor and Jennifer L. Scalia, Assistant Solicitor General, Gainesville, for appellee.
    Case Number: A04A1067

    Police lacked probable cause to stop the defendant's SUV based on a 911 call from a pay phone in which the caller told police only that she was assaulted by a white male in a dark-colore