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  • Moon v. State

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A0738

    The trial court did not err in failing to give a sua sponte charge on justification, as defendant could have asked for help or called 911 instead of taking the victim's truck in an attempt to get hi

  • Hunter v. The Cabe Group Inc.

    Publication Date: 2000-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David M. Kupsky McKinney & Froelich, Atlanta, for appellant.
    for defendant: Eric N. Van de Water and Richard M. Bayus II Carr, Tabb & Pope, Atlanta, for appellee. Other party representation: Stephen P. Fuller Davidson & Fuller, Duluth.
    Case Number: A00A0357

    There was no evidence that the bar owner or his employees should have been aware that a wasted customer would suddenly attack the plaintiff without provoc

  • Stephens v. Harbor Club Inc.

    Publication Date: 2000-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David G. Kopp, Greensboro, for appellant.
    for defendant: M. Steven Heath and Josh B. Wages Blasingame, Burch, Garrard, Bryant & Ashley, Athens, for appellee.
    Case Number: A00A0128

    ERISA did not pre-empt plaintiff's claim that her employer fraudulently misrepresented her entitlement to workers' compensation benefits, because that claim was not related to any ERISA benefits pr

  • Lamb v. Salvage Disposal Co. of Ga.

    Publication Date: 2000-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Peter G. Williams, Columbus, for appellant.
    for defendant: Bruce R. Vail Glaze & Glaze, Jonesboro, for appellees. Other party representation: Douglas C. Vassy Tisinger, Vance & Greer PC, Carrollton, and Joe M. Harris Jr. Law Department, Atlanta.
    Case Number: A00A0062

    Because the plaintiff's car was totaled in an accident, he suffered no damages from the defendants' alleged conversion of the totaled car when they had it towed to a salvage

  • Bendock v. Traton Corp. of Cobb

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0334

    A jury question remained as to whether the plaintiffs breached their home construction agreement by refusing to close because the defendant did not properly regrade their lot after they advanced him $81

  • Dollar v. Nationsbank of Ga. NA

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Alfred N. Corriere Vansant, Corriere, McClure & Dasher, Albany, for appellant.
    for defendant: Erika C. Birg and William J. Holley II Parker, Hudson, Rainer & Dobbs, Atlanta, for appellee.
    Case Number: A00A0600

    The plaintiff could not rely on the defendant's representation that her property was not located in a flood zone, because the defendant had no duty to protect her interests in an arm's length mortga

  • Greer v. Davis

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Edward H. Lindsey Jr. and Ernest R. Bennett Jr. Goodman, McGuffey, Aust & Lindsey LLP, Atlanta, for appellant.
    for defendant: . Allegra J. Lawrence and Teresa W. Roseborough Sutherland, Asbill & Brennan, Atlanta, for appellee.
    Case Number: A00A0688

    The defendants' obligation to furnish their church's financial records to a church trustee was not an ecclesiastical matter, since the church by-laws provided that any member could inspect the books

  • Cecil T. Allgood Inc. v. Stark Properties Inc.

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kerry S. Doolittle, Watkinsville, for appellant.
    for defendant: Phillip B. Ham Ham, Jenkins, Wilson & Wangerin, Forsyth, for appellee.
    Case Number: A00A0035

    Although the trial court orally directed a verdict against plaintiff in its original action, plaintiff could renew its suit because the trial court vacated that order and no judgment was entered pri

  • Bright v. State

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bentley C. Adams III Virgil L. Brown & Assocs., Zebulon, for appellant.
    for defendant: Norman S. Gunter, District Attorney, and Darrell E. Wilson, Assistant District Attorney, Dahlonega, for appellee.
    Case Number: A99A0666, A99A0667

    Upon remand for reconsideration, the Court of Appeals vacated in part its decision in Bright v. State, 238 Ga. App. 876 1999, holding that, in light of Brewer v. State, 271 Ga. 605 1999, the child v

  • Rabenstein v. Cannizzo

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Michael Weinstock, John B. Levy Weinstock & Scavo PC, Atlanta, and Kerry A. Lunz Kenney & Solomon, Duluth, for appellant.
    for defendant: Charles G. Ragsdale Chambers, Mabry, McClelland & Brooks, Atlanta, for appellee.
    Case Number: A00A0300

    The plaintiff could not sue the defendant for the injuries she sustained in a 1995 collision, because she cashed the defendant's insurance check in final settlement of all claims arising out of that