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  • Harden v. State Farm Fire and Cas. Co.

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles W. Lane Lane & Lane, Marietta, for Harden. Robert A. Falanga Falanga & Chalker, Atlanta, and Jesse E. Barrow III, Marietta, for Barrett. Robert M. Darroch and Samantha R. Johnson Mabry & McClelland LLP, Atlanta, for State Farm Fire and Cas. Co. Other party representation: Cary S. King Slater, King & Gross, Atlanta.
    for defendant:
    Case Number: A04A1888; A04A1889

    The plaintiff insurance company was properly granted a declaratory judgment that it had no duty to defend or provide coverage to the defendant wife on the negligence claims asserted against her in a

  • State v. Hicks

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen D. Kelley, District Attorney, and John S. Wetzler, Assistant District Attorney, Brunswick, for appellant.
    for defendant: Ernest B. Gilbert, Brunswick, for appellees.
    Case Number: A04A1581

    The trial court erred in granting the defendants' motion to suppress evidence seized pursuant to a warrant that allegedly failed to particularly describe the place to be searched because a reasonabl

  • Solomon v. Barnett

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bruce M. Edenfield and Evan R. Mermelstein Gray, Hedrick & Edenfield LLP, Atlanta, for appellant.
    for defendant: Jeffrey M. Fishman, Duluth, and Jeffrey P. Rothenberg Moss & Rothenberg, Atlanta, for appellees.
    Case Number: A04A1375

    Delaware Code § 312 e relates back reinstatements of administratively dissolved corporations with the same force and effect as if their certificates of incorporation had never yet been forfeited, or

  • Threatt v. Rogers

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George E. Butler II, Dahlonega, and Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, for Threat and others. Donald R. Harkleroad, Harkleroad & Hermance PC, and Timothy J. McGaughey, Norcross, for Rogers. H. Lane Young II and Ernest T. Brown Hawkins & Parnell, Atlanta, for Butler.
    for defendant:
    Case Number: A04A1523; A04A1524

    There was no agreement that the defendants' attorney would act as the escrow agent pursuant to the sales contract, so his return of earnest money to the defendants' could not be the basis of a cause

  • Simpson v. Hyundai Motor Am. Inc.

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Amy M. Budow, Eric C. Fortas, Scott M. Cohen, Adam Krohn and Shireen Hormozdi Krohn & Moss LTD, Atlanta, for appellant.
    for defendant: . Jeremy M. Moeser, Jill C. Kuhn and Charles K. Reed McKenna, Long & Aldridge LLP, Atlanta, for appellee.
    Case Number: A04A1279; A04A1301

    The breach of an express warranty does not occur until the warrantor either refuses to remedy the defects or is unsuccessful in doing so and both plaintiffs acknowledged that they did not return to

  • Slaughter v. Brown

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Larry B. Mims, Tifton, for appellant.
    for defendant: . Samuel W. Worthington III Worthington & Flournoy, Columbus, for appellees.
    Case Number: A04A1589

    The Board of Education violated the Open Meetings Act, O.C.G.A. § 50-14-1 d, when it held a special meeting without giving proper notice of the meeting place or complying with the special circumstan

  • Estrada v. State

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kelley A. Dial, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, and Gregory S. Dickson, Bartow County District Attorney's Office, Cartersville, for appellee.
    Case Number: A04A0880

    The Court vacated the defendant's 10-year sentence on his conviction for obstruction and remanded for resentencing because the maximum possible sentence for that crime is five

  • MCG Health Inc. v. Casey

    Publication Date: 2004-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. V. Weston Hull, Towill, Norman, Barrett & Salley, Augusta, for MCG Health Inc. George D. Bush and Martin C. Puetz, Augusta, for Casey. Gary L. Seacrest, Annarita M. Busbee and Peter Werdesheim Seacrest, Karesh, Tate & Bicknese, Atlanta, for Choudri. Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Atlanta, and Stephen E. Curry Curry Law Firm, Augusta, for Board of Regents of the Univ. Sys. and others.
    for defendant:
    Case Number: A04A0846; A04A0847; A04A0848

    The p ff's failure to file an expert affidavit with his original comp barred his professional malpractice claims in his amended comp

  • McCain v. Galloway

    Publication Date: 2004-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas N. Brunt, Cartersville, for appellant.
    for defendant: . Reid G. Kennedy, Marietta, for appellee.
    Case Number: A04A0032

    The fair market value of land developed as a mini-warehouse storage rental property could be determined by its original owner's testimony about his experience with the property, how much he invested

  • Hickey v. State

    Publication Date: 2004-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Amy E. Smith, Assistant District Attorney, Perry, for appellee.
    Case Number: A04A0590

    The trial court did not err in allowing the jury to rehear those portions of the victim's testimony that related to the taking of he