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  • Brockway v. Harkleroad

    Publication Date: 2005-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jeffrey H. Schneider Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellant.
    for defendant: . David H. Flint, Lynn C. Stewart Schreeder, Wheeler & Flint LLP, William J. Mayfield, Atlanta, Gerald Davidson Jr. Davidson & Tucker LLP, Duluth, Robert J. Hulsey, Linda S. Finley McCalla, Raymer, Padrick, Cobb, Nichols & Clark LLC, Roswell, and Donald C. Suessmith Jr. McCurdy & Candler LLC, Decatur, for appellees. Other party representation: Daniel P. Leary and Larry Myerson, Plantation, Fla.
    Case Number: A05A0252

    Amendments to a subdivision's restrictive covenants, which allowed for the commercial use of all of the lots, was valid with the consent of 90-percent of the lot owners, as provided for by the recor

  • Atlanta Cas. Co. v. Gordon

    Publication Date: 2005-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Karsten Bicknese and Peter Werdesheim Seacrest, Karesh, Tate & Bicknese, LLP, Atlanta, for appellant.
    for defendant: Daniel C. Prout Jr. Harper, Waldon & Craig, Atlanta, and Randy J. Ebersbach Kam & Ebersbach, Newnan, for appellees.
    Case Number: A03A2222

    The insurer was liable for uninsured motorist benefits under the terms of the father's policy that included family members residing in the same household, even though the minor child who was struck

  • Homer v. Board of Regents of the Univ. Sys. of Ga.

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jerry Boykin Gordon & Boykin, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Bryan K. Webb, Senior Assistant Attorney General, and Kimberly B. Lewis, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A05A0312

    The defendant complied with the university's policy regarding employment of tenured faculty by offering the plaintiff a reduced salary after eliminating his administrative pos

  • Drogan v. State

    Publication Date: 2005-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gregory A. Willis, Atlanta, for appellant.
    for defendant: Ralph W. Powell Jr., Solicitor General, and Diana Slocumb, Assistant Solicitor, Athens, for appellee.
    Case Number: A05A0202

    Defendant's refusal to take a field sobriety test, his refusal to take the state-administered chemical test, the odor of alcohol on his person, his failure to activate his headlights during the earl

  • Byers v. State

    Publication Date: 2005-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Paul J. Miovas Jr. Douglas County District Attorney's Office, Douglasville, for appellee.
    Case Number: A05A0516

    The arresting officer had authority to detain the defendant for a reasonable amount of time following a valid traffic stop to write out a citation for spe

  • Chapman v. Clark

    Publication Date: 2005-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Christopher J. McFadden, Decatur, for appellant.
    for defendant: Troy R. Millikan, Gainesville, for appellee.
    Case Number: A05A0626

    The plaintiff was not entitled to ve damages for the conversion of certain construction equipment, because he was the assignee of the rights to the actual owner of the equipment and a right to

  • Bardo v. Liss

    Publication Date: 2005-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Neal H. Howard Neal H. Howard & Assocs. PC, Columbus, and William D. James, Atlanta, for appellant.
    for defendant: . Robert C. Martin Jr. and Gregory S. Ellington Hatcher, Stubbs, Land, Hollis & Rothschild LLP, Columbus, for appellee.
    Case Number: A05A0778

    Plaintiff's failure to file an expert affidavit with her original complaint subjected her complaint to dismissal for failure to state a claim, which constituted a dismissal with prejudice and rende

  • Gingold v. Allen

    Publication Date: 2005-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: T. Bart Gary and Erica S. Jansen Freeman, Mathis & Gary LLP, Atlanta, for appellant.
    for defendant: Linley Jones, Atlanta, for appellee.
    Case Number: A05A0338

    The plaintiff's malpractice a against his bankruptcy attorney was the property of his bankruptcy estate, because his cause of a accrued prior to commencement of his bankruptcy a

  • Gingold v. Allen

    Publication Date: 2005-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: T. Bart Gary and Erica S. Jansen Freeman, Mathis & Gary LLP, Atlanta, for appellant.
    for defendant: Linley Jones, Atlanta, for appellee.
    Case Number: A05A0338

    The plaintiff's malpractice a against his bankruptcy attorney was the property of his bankruptcy estate, because his cause of a accrued prior to commencement of his bankruptcy a

  • Garvin v. Secretary of State

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George T. Smith Browning & Tanksley LLP, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William W. Banks Jr., John B. Ballard Jr., Assistant Attorneys General, and Robin A. Golivesky Office of the Secretary of State, Atlanta, for appellee. Other party representation: Fred T. Finney McCall & Finney PC, Albany.
    Case Number: A03A2145

    Willfully" as defined in O.C.G.A. § 10-5-13, only requires proof that the defendant intended to commit conduct, which violates the Georgia Securitie