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  • Chastain v. CF Ga. North DeKalb LP

    Publication Date: 2002-08-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Richard C. Mitchell Mitchell & Shapiro LLP, Atlanta, for appellant.
    for defendant: . Matthew F. Barr, Christine A. Sullivan, Thomas R. Mock Jr. Hawkins & Parnell LLP, Christine A. Larson and Michael S. Reeves Gorby, Reeves, Peters & Burns PC, Atlanta, for appellees.
    Case Number: A02A0033

    The plaintiffs could not establish actual or constructive notice of the water that caused one plaintiff's fall since they both admitted that the water was difficult to d

  • Mika v. State

    Publication Date: 2002-08-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Steven L. Sparger Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, George R. Asinc, Assistant District Attorney, Savannah, for appellee.
    Case Number: A02A0685

    The trial court's error in admitting defendant's statement which an officer obtained in violation of his right to counsel was harmless, since defendant's response to the officer was merely cumulativ

  • Smith v. Chandler

    Publication Date: 2002-08-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Carl S. Pedigo Jr. and Kenneth P. Johnson McCorkle, Pedigo & Johnson, Savannah, for appellant.
    for defendant: Dwight T. Feemster and Matthew M. Bush Duffy, Feemster & Lewis, Savannah, for appellee. Other party representation: Melanie L. Marks Bouhan, Williams & Levy, Savannah.
    Case Number: A02A0657

    Since the intervenor participated in a court ordered bidding process for the sale of certain real property, she could not complain that the process somehow violated her right of first re

  • Harvey III v. J. H. Harvey Co.

    Publication Date: 2002-08-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jay D. Bennett, Dow N. Kirkpatrick II, Heather R. Peoples Alston & Bird LLP, Atlanta, J. Reese Franklin and W. Daniel Knight Jr., Nashville, for appellant.
    for defendant: Frank C. Jones, Benjamin F. Easterlin IV and Rance L. Craft King & Spaulding, Atlanta, for appellee.
    Case Number: A02A0452; A02A0453

    The concept of constructive service was applicable to an action for breach of an employment contract which provided that the plaintiff would serve as the defending company's President and Chief Oper

  • Williams v. State

    Publication Date: 2002-07-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jon-Shelby R. Hawk, Macon, for appellant.
    for defendant: Hoard Z. Simms, District Attorney, and Henry O. Jones III, Assistant District Attorney, Macon, for appellee.
    Case Number: A02A0675

    The trial judge's response to a jury question regarding the date of the armed robbery was an accurate statement of law, not a comment on the evi

  • Ballard v. Burnham

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert H. Benefield Jr. Law Offices of Robert H. Benefield Jr., Atlanta, for appellant.
    for defendant: Frederick A. Johnson, Duluth, for appellee.
    Case Number: A02A0394

    Plaintiff could not recover for the injuries she sustained in a fall at her son-in-law's home because she had equal knowledge of the hazard in que

  • Bing v. State

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert J. Storms Office of DeKalb County Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Jeanne M. Canavan, Assistant District Attorney, Decatur, for appellee.
    Case Number: A02A0563

    The Rape Shield Statute barred evidence that the victim had consensual sex with her boyfriend prior to going to the defendant's

  • Martin v. Sarah Rhodes LLC

    Publication Date: 2002-05-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: B. Samuel Engram Jr., Albany, for appellant.
    for defendant: . James H. Moore III and Edgar W. Duskin Jr. Moore, Clarke, Duvall & Rodgers, Albany, for appellees.
    Case Number: A00A2083

    The Court of Appeals adopted the Supreme Court's judgment that the trial court erred in failing to address the threshold issue of whether a right-of-way over defendant's property had a width that wa

  • Legacy Hills Residential Assoc. Inc. v. Colonial Bank

    Publication Date: 2002-05-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Wayne B. Kendall, Fairburn, for appellant.
    for defendant: Charles A. Ratz Gray & Gilliland PC, Atlanta, for appellee.
    Case Number: A02A0606

    The defendant established a meritorious defense that it acquired legal title to disputed property by a recorded deed to secure debt which had priority over the plaintiff's subsequently recorded pro

  • St. Jean v. State

    Publication Date: 2002-05-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Wystan B. Getz Clark & Towne PC, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and John S. Melvin, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A0736

    The evidence did not support a jury charge on entra