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  • Arbor Station Homeowner's Servs. Inc. v. Dorman

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Charles B. Waters Jr., Richard S. Loudermilk and George E. Nowack Jr. Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellant.
    for defendant: Joel E. Dodson, Douglasville, for appellee.
    Case Number: A02A0462

    An annual assessment on defendant's property for subdivision common expenses was not subject 20-year expiration period set forth in O.C.G.A. § 44-5-60 b because it did not restrict or pertain

  • St. Germain v. State

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Richard Young, Kennesaw, for appellant.
    for defendant: Carmen D. Smith, Solicitor, Cynthia G. Strong and Jody L. Peskin, Assistant Solicitors General, Atlanta, for appellee.
    Case Number: A02A0285

    Implied consent warnings required by O.C.G.A. § 40-5-67.1 b do not include language advising that the test results can be used at

  • Sass Enters. Inc. v. Swift

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Robert J. Kaufman and Charlotte K. Perrell Kaufman, Chaiken, Miller & Klorfein, Atlanta, for appellant.
    for defendant: William J. Williams Johnston, Wilkin & Williams, Edward B. Stalnaker and John L. Thompson, Augusta, for appellees.
    Case Number: A02A0507

    The mandatory arbitration clause contained in the parties' contract for the purchase of a perpetual care cemetery unambiguously expressed their intent to arbitrate all disputes arising out of an all

  • Moreno v. Strickland

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joseph C. Parker, Sean L. Hynes Downey & Cleveland, Marietta, and Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, for appellant.
    for defendant: Donald W. Osborne Law Office of Allen & Assocs., Atlanta, and Michael T. Camp, Douglasville, for appellee.
    Case Number: A02A0915

    Letters between the parties' counsel provided some evidence that the parties reached a settlement agreement before plaintiff filed his injury

  • Boggs Rural Life Ctr. Inc. v. IOS Capital Inc.

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Charles T. Lester Jr. and Valerie S. Sanders Sutherland, Asbill & Brennan LLP, Atlanta, for appellant.
    for defendant: David G. Crockett, Atlanta, for appellee.
    Case Number: A02A0534

    The defendant properly moved to open its default pursuant to O.C.G.A. § 9-11-55 b prior to entry of a default jud

  • Law Journal Press | Digital Book

    Infobeans cogito test

    Authors: Stephen Fishman

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  • Muir v. State

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Billy L. Spruell and Melinda D. Taylor Spruell, Taylor & Assocs., Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, Katherine Diamandis and Erik B. Fortner, Assistant Solicitors, Atlanta, for appellee.
    Case Number: A02A0640

    The trial court did not abuse its discretion in finding that defendant's w was not qualified as an expert in the administration and reliability of the horizontal gaze nystagmus test where the

  • Nolan Rd. W. Ltd. v. PNC Realty Holding Corp. of Ga.

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James L. Paul and Matthew J. McCoyd Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: J. Marbury Rainer and Charles W. Lyons Parker, Hudson, Rainer & Dobbs LLP, Atlanta, for appellee. Other party representation: Perry A. Phillips, Marietta.
    Case Number: A00A2394

    The Court of Appeals adopted the Supreme Court's judgment that limited partners cannot be treated as copartners for purposes of Georgia's constitutional venue provision because limited partners are

  • In the Interest of D. F. and D. F.

    Publication Date: 2002-05-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Carol B. Miller, Pembroke, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Gary A. Sinrich, Hinesville, appellee. Other party representation: Murl E. Geary, Richmond Hill.
    Case Number: A02A0156

    Parental rights of mother terminated where she failed to remain drug free and did not establish or maintain a stable residence o

  • Hill v. Buttram

    Publication Date: 2002-05-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas M. Rego, Tallapoosa, for appellant.
    for defendant: . Joseph N. Anderson Gammon & Anderson, Cedartown, for appellee.
    Case Number: A02A1034

    Appeal of the jury's verdict in declaratory jud action involving boundary dispute was untimely filed 65 days after entry of final jud

  • Fineza v. State

    Publication Date: 2002-05-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Elizabeth B. Reisman, Gainesville, for appellant.
    for defendant: Norman S. Gunter, District Attorney, Dahlonega, and Gerald W. Bruce, Assistant District Attorney, Cleveland, for appellee.
    Case Number: A02A0726

    There was sufficient evidence to support the trial court's finding that defendant's Alford plea was made voluntarily and know