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  • Rios v. Norsworthy

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. Strawinski and Nicole W. Stout, Atlanta, for appellant.
    for defendant: William E. Gray II, Stacey K. Hydrick Gray, Hedrick & Edenfield, Michael J. Warshauer and Bradford W. Thomas Warshauer, Woodruff & Thomas PC, Atlanta, for appellees. Other party representation: Robert A. Freyre, Cumming.
    Case Number: A03A2411

    The third-party defendant was exercising ordinary care when he checked his rearview mirror to confirm that the defendant's vehicle was behind him before focusing his attention on an uphill curve in

  • Miller v. Lomax

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James D. Patrick Jr., Bemon G. McBride III, Columbus, and Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, for appellant.
    for defendant: . Robert R. Lomax Marchetti & Lomax LLP, Ray L. Allison Denney, Pease, Allison & Kirk, Richard A. Childs and Jacob Bell, Columbus, for appellees.
    Case Number: A03A1945

    Some evidence showed that the parties agreed to an earlier execution date of their property settlement agreement, so that a jury could find that decedent's transfer of almost half a million dollars

  • Cramp v. Georgia-Pacific Corp.

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David E. Betts and Stephen M. Katz Betts & Katz, Atlanta, for appellant.
    for defendant: Alston D. Correll III Troutman Sanders, Atlanta, for appellees.
    Case Number: A03A2264

    Any alleged promises regarding the particular responsibilities of plaintiff's employment as vice-president of customer service for defendants' Atlanta office were unenforceable in the context of his

  • Browner v. State

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Troy R. Millikan, Gainesville, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, Anthony B. Williams and Robin R. Riggs, Assistant District Attorneys, Winder, for appellee.
    Case Number: A04A0062

    The omission of information that the informant returned all of the money to the officer along with the cocaine did not affect gistrate's finding of probable cause since the officer orally told

  • Oliver v. Sutton

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen B. Wallace II Albert B. Wallace PC, Jonesboro, for appellant.
    for defendant: Kara A. Hicks, Paul E. Weathington and Amy M. Hoffman Allen & Weathington, Atlanta, for appellee.
    Case Number: A04A0001

    The plaintiff failed to present any evidence of damages stemming from the defendant's alleged failure to tell him he suffered from post-traumatic arth

  • Pettiford v. State

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert R. McLendon IV, Blakely, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Bainbridge, for appellee.
    Case Number: A04A0704

    The same evidence could not be used to support all three felony theft by deception convic

  • Howard v. State

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas J. Thomas, Atlanta, for appellant.
    for defendant: Jason J. Deal, District Attorney, and Lindsay H. Burton, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A03A1915

    The Fourth Amendment does not prohibit an officer from stopping a car for the sole purpose of identifying the driver where the officer has reasonable suspicion to believe that the driver is attempti

  • Browning v. Stocks

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert J. Lowe Jr. Daniel & Lowe, Augusta, for appellant.
    for defendant: Joseph H. Huff Kilpatrick Stockton LLP, Atlanta, for appellees.
    Case Number: A03A1902

    Paden v. Murray, 240 Ga. App. 487 1999, is overruled to the extent it held that the plaintiffs' fraud claim was precluded because they affirmed the sales contract for their new

  • Kortes v. Branch

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mitchel P. House Jr. and Neil A. Halvorson Sell & Melton LLP, Macon, for appellant.
    for defendant: Harvey G. Berss, Duluth, for appellees.
    Case Number: A04A0299

    Although the defendant stipulated that he negligently made contact with the rear of the plaintiff's vehicle, the evidence supported a conclusion that the plaintiff was not injured as a proximate re

  • Perez v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gerald P. Word Johnson, Word & Simmons, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Rudjard M. Hayes, Assistant District Attorney, Newnan, for appellee.
    Case Number: A04A0763

    Manifest necessity required the trial court to declare a sua sponte mistrial due to juror misco