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  • Shortnacy v. North Atlanta Internal Med. PC

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Clinton W. Sitton and Robert H. Benfield Jr., Atlanta, for appellant.
    for defendant: . Jonathan C. Peters, Vicki M. Miller and Michael T. Carithers Love & Willingham LLP, Atlanta, for appellees.
    Case Number: A01A0953

    The trial court did not abuse its discretion in opening defendants' default where defendants reasonably believed that their malpractice insurer was defending plaintiffs'

  • Stebbins as Guardian of Eleanor Duffie v. Georgia Power Co.

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles C. Stebbins III Warlick, Tritt & Stebbins, Atlanta, and N. Gail Stebbins, Augusta, for appellant.
    for defendant: Percy J. Blount Glover & Blount PC, Augusta, for appellee.
    Case Number: A01A0935

    Plaintiff could not recover on her claim for money credited to defendant's accounts via two allegedly forged checks because defendant took the checks as a holder in due c

  • Stuart Enters. International Inc. v. Peykan Inc.

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gary R. Kessler Stuart, Irvin, Stanford & Kessler, Atlanta, for appellant.
    for defendant: . J. Hue Henry, Athens, for appellees.
    Case Number: A01A1610

    A third party's prior registration of a trademark containing the word "Munchie's" did not prevent defendants from selling the trade name "Munchie's Italian Restaurant" as an asset of their business

  • State Soil & Water Conservation Comm'n v. Stricklett

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: J. Edward Allen Jr. Fortson, Bentley & Griffin PA, Augustus T. Curtis, Athens, Thurbert E. Baker Jr., Attorney General, and Denise E. Whiting-Pack, Assistant Attorney General, Atlanta, for State Soil and Water Conservation Commission. Kerry S. Doolittle, Watkinsville, for the Strickletts. Other party representation: Mary A. Oakley Holland & Knight LLP, Atlanta.
    for defendant:
    Case Number: A01A1364; A01A1365

    A factual question remained as to whether construction of defendants' home substantially interfered with the plaintiffs' nonexclusive easement right to safely operate and maintain

  • Wilder v. Jefferson Ins. Co. of New York

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sandra L. Doyle Holland & Knight, Norman S. Epstein, Atlanta, and Jonathan P. Sexton, Stockbridge, for appellant.
    for defendant: . James M. Poe, James L. Creasy III, and Catherine E. Diamond Drew, Eckl & Farnham LLP, Atlanta, for appellee. Other party representation: John W. Scott, Atlanta, Sabrina K. Bozeman, Stone Mountain, and C. T. Defranks Lacosta Recovery Services, Alpharetta.
    Case Number: A01A1410

    A certificate of insurance which was issued by an insurance agent did not confer coverage on a tow truck which was never added to the insured's policy because the agent had no authority to bind the

  • Reese v. State

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Gerald Mason, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A01A0930

    The arresting officer had probable cause to detain defendant to investigate his driving behavior where the officer saw defendant weaving across the road and stopping at reversible lane markers as if

  • Brandenburg v. All-Fleet Refinishing Inc.

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: H. Lane Young II, Ernest T. Brown and Paul M. Hawkins Hawkins & Parnell LLP, Atlanta, for Brandenburg. James W. Wallis Jr. and Kenneth A. Smith Smith, Wallis & Scott LLP, Carrollton, for All-Fleet Refinishing Inc.
    for defendant:
    Case Number: A01A1222; A01A1471

    Evidence of a contingency fee agreement without more was not sufficient to sustain an award of attorney's

  • Barnett Bank of S.E. Ga. v. Hazel

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kenneth R. Carswell, Jesup, for appellant.
    for defendant: James G. Johnson Jr., Jesup, for appellee.
    Case Number: A01A0868

    Defendant's failure to remove certain adverse information from plaintiff's credit report after agreeing in a prior court case to do so provided some evidence that defendant violated the Federal Fair

  • Cochran v. Emory Univ.

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Frederick V. Massey Hicks & Massey & Gardner LLP, Athens, and Robert M. Gardner Jr., Winder, for appellant.
    for defendant: Johnathan t. Krawcheck Long, Weinberg, Ansley & Wheeler, Atlanta, for appellees.
    Case Number: A01A1058

    The trial court correctly determined that plaintiff was judicially estopped from asserting her medical malpractice claim because she to list it as a potential asset in her bankruptcy case and

  • Tahamtan v. Chase Manhattan Mortgage Corp.

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Amir A. Tahamtan, Atlanta, proceeded pro se. Catherine M. Banich and John C. Porter Jr. Schnader, Harrison, Segal & Lewis, Atlanta, for appellee.
    for defendant:
    Case Number: A01A1452

    The trial court did not abuse its discretion in concluding that plaintiff's suit for wrongful failure to cancel a security deed lacked substantial justification since the record showed that plainti