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Publication Date: 2010-01-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Jefferson B. Slagle Thompson & Slagle PC, Duluth, Robert T. Monroe and Michael D. McRae McRae, Stegall & Peek, Cedartown, for appellant.
for defendant: . Timothy N. Toler and Mark V. Hanrahan Toler & Hanrahan LLC, Atlanta, for appellee.
Case Number: A09A2342
An asphalt company's assignment of its subcontract amounted to a breach sufficient to abrogate any claim under the subcontract, because the agreement specifically stated that the subcontract could n
Publication Date: 2010-01-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Louis P. Owens III Jones & Walden LLC, Atlanta, for appellant.
for defendant: . Peter A. Durham Glover & Davis, Newnan, for appellees.
Case Number: A09A2291
Although venue was proper for a mortgage company in Coweta county, because it filed a breach of contract action there, the mortgage company could not be considered a resident of Coweta county for p
Publication Date: 2010-01-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Steven E. Phillips, Public Defender, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
Case Number: A09A2250
The state met its burden in proving that venue was properly laid in Fulton c because the victim testified to driving through streets and seeing landmarks located in Fulton c
Publication Date: 2010-01-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Christie C. Barnes, Jonesboro, and Kenneth J. Rajotte, Atlanta, for appellant.
for defendant: Steven E. Lister, Jonesboro, and Cliffe L. Gort, Atlanta, for appellee. Other party representation: Tracy G Lawson, District Attorney, and Dawn M. Belisle-Skinner, Assistant District Attorney, Jonesboro.
Case Number: A10A0018
The trial court did not abuse its discretion in concluding that a bonding company did not and should not have known that the defendant obtained a bond using a false
Publication Date: 2009-12-31
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Carlton K. Nelson III and Leonard M. Geldon, Assistant Public Defenders, Dublin, for appellant.
for defendant: Louie C. Fraser, District Attorney, and LaShonda C. Harris, Assistant District Attorney, Dublin, for appellee.
Case Number: A09A2297
The defendant retained possession of a pair of scissors, which were issued to him for the sole purpose of cutting his hair, and hid them in his cell in violation of jail p
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Publication Date: 2009-12-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: James W. Scarbrough Mabry & McClellan Esq., Atlanta, for appellant.
for defendant: Thurbert E. Baker, Attorney General, George S. Zier, Assistant Attorney General, R. Dennis Withers Robins, Kaplan, Miller & Ciresi, Austin L. Ramsey III Rumsey & Ramsey, Atlanta, Thomas L. Bass Jr. and Sandra E. Foster Brennan, Harris & Rominger, LLP, Savannah, for appellees.
Case Number: A09A0980
In a dispute over a maritime con the court must determine if the case is inherently local or not, which determines whether federal or state law governs the interpretation of the con
Publication Date: 2009-12-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Michael O. Mondy Mondy & Company LLC, Atlanta, for appellant.
for defendant: Thomas R. Mondelli City of Atlanta Law Department and Dennis M. Young, Assistant City Attorney, Atlanta, for appellee.
Case Number: A09A1939
The trial court erred in granting summary judgment to an officer on the plaintiff's malicious prosecution claim, because the evidence showed that a prosecution had occurred and a question of fact ex
Publication Date: 2009-12-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Herman Clark Clark & Clark, Ellijay, James C. Morton, Atlanta, for appellant.
for defendant: Gregory H. Wheeler and Broderick W. Harrell Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellee.
Case Number: A09A0872
A contract limiting the defendant's liability for professional services was not contrary to public policy in this
Publication Date: 2009-12-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Alton M. Adams Adams Law Firm LLC, Toccoa, for appellant.
for defendant: William R. Oliver, Clarkesville, for appellee.
Case Number: A09A1088
The trial court erred by granting summary judgment to appellee on plaintiffs' nuisance and trespass claims, because plaintiffs owned an easement to enter, care for and maintain the burial plots, and
Publication Date: 2009-12-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Stephen M. Katz The Katz Law Group, Marietta, for appellant.
for defendant: Alicia Timm, Bradley S. Wolff Swift, Currie, McGhee & Hiers LLP, Michael J. Rust and Debra K. Haan Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, for appellees.
Case Number: A09A1061
Subsection b of O.C.G.A. § 9-11-11.1 a, which requires a written verification to be filed contemporaneously with the complaint, is not inapplicable simply because defendants acted while engaged in a
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