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  • Happoldt v. Monroe County

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James M. Happoldt, Columbus, proceeded pro se. W. Franklin Freeman Jr., Forsyth, for appellee.
    for defendant:
    Case Number: A00A2052

    The trial court lacked authority to award a portion of the condemnation proceeds to the county to satisfy the condemnee's alleged personal

  • In the Interest of D.G.

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Michele W. Ogletree and Harold A. Sturdivant Sullivan & Sturdivant, Griffin, for appellant.
    for defendant: William T. McBroom III, District Attorney, and James E. Sherrill, Fayetteville, for appellee.
    Case Number: A00A2078

    The circumstantial evidence of the juvenile's participation in a drive-by shooting did not exclude every reasonable hypothesis other than his

  • Hawkins v. Wilbanks

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Steven W. Kreitzer and John W. Davis Jr. Davis & Kreitzer, Rossville, for appellant.
    for defendant: Frank B. Perry, Ringgold, and G. Martin Adcock, Rossville, for appellees.
    Case Number: A00A2561

    Service by publication cannot serve as a foundation for an in personam judgment against a tortf

  • Mix v. Allied Readymix

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Scott T. Bushnell, Atlanta, for appellant.
    for defendant: Timothy C. Lemke and Marie-Yolaine Bernard Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee. Other party representation: Lee Southwell State Bd. of Workers Comp., Atlanta.
    Case Number: A00A2200

    The superior court erred in reversing the ALJ's determination that the claimant suffered a 10 percent permanent partial disability because the conflicting evidence showed that his disability ranged

  • Leigan v. Sears Roebuck & Co.

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles C. Stebbins III Warlick, Tritt & Stebbins, Augusta, for appellant.
    for defendant: . Kevin Elwell and Jay M. Baker Ogletree, Deakins, Nash, Smoak & Stewart, Atlanta, for appellee.
    Case Number: A00A2102, A00A2103

    Plaintiff's affidavit in opposition to defendant's motion for summary judgment was construed against her because it conflicted with her prior deposition test

  • Olariu v. Marrero

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mason White, James D. Kreyenbuhl Brennan, Harris & Rominger, Savannah, and Houston D. Smith III Hertz & Link PC, Atlanta, for appellant.
    for defendant: James N. Sadd Slappey & Sadd, Atlanta, for appellee.
    Case Number: A00A2310

    Plaintiff could not recover special damages for past medical expenses that she discharged in bankr

  • Whitfield v. Department of Transp.

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Warren N. Coppedge Jr. Coppedge & Leman PC, Dalton, for appellant.
    for defendant: . Thurbert E. Baker Jr., Attorney General,, R. O. Lerer, Senior Assistant Attorney General, Anne W. Sapp Dwyer, White & Sapp, Atlanta, Ronald R. Womack The Womack Law Firm, John T. Siess, John W. Rhyne Jr., Lafayette, and Tammy D. Walston Fina Oil & Chemical Co., Dallas, Texas, for appellee.
    Case Number: A00A1891

    The evidence supported the trial court's distribution of a portion of the condemnation award to the condemnee who operated a gas station on the pro

  • Cody v. Caldwell Banker Real Estate Corp.

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Arthur F. Millard, Atlanta, for appellant.
    for defendant: Charles B. Waters Jr., Alicia E. Coleman Weissman, Nowack, Curry & Wilco PC, Atlanta, and James F. Stovall III King, Taylor & Stovall PC, Tucker, for appellee.
    Case Number: A00A2352

    The trial court dismissed the appeal without making the necessary findings that the delay in filing the transcript was unreasonable, inexcusable and caused by the appe

  • Keenum v. State

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Keith C. Martin, Solicitor, and Evelyn P. Sandefur, Assistant Solicitor, Jonesboro, for appellee.
    Case Number: A00A1982

    The officer's omission of a phrase while reading the implied consent notice for the second time did not negate or nullify his first wa

  • Sabbs v. State

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Margaret E. Bagley and Mark A. Casto, Assistant District Attorneys, Columbus, for appellee.
    Case Number: A00A1843

    The evidence, though circumstantial, supported a finding that defendant caused his 6-month-old child cruel or excessive pain by squeezing the child hard enough to cause serious internal inj