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Publication Date: 2005-07-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Virginia B. Harmon Shaw, Maddox, Graham, Monk & Boling, Rome, and Quentin Sigel Scott, Douglas & McConnico LLP, Austin, Texas, for appellant.
for defendant: Thurbert E. Baker, Attorney General, Dennis M. Formby, Deputy District Attorney, Warren R. Calvert, Senior Assistant Attorney General, and Michele M. Young, Assistant Attorney General, Atlanta, for appellees.
Case Number: A05A0665
Machine repair and replacement parts were not included in the tax exemption for manufacturing machinery contained in the version of O.C.G.A. § 48-8-3 34 A applicable during the period in which the p
Publication Date: 2005-07-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Richard Phillips and Joseph C. Kitchings Phillips & Kitchings, Ludowici, for appellant.
for defendant: . Mathew M. McCoy and David H. Johnson McCorkle, Pedigo & Johnson LLP, Savannah, for appellee.
Case Number: A05A0563
The plaintiff's claims seeking to hold the defendants liable under a personal guaranty on an open account were barred by the Statute of Frauds because the guaranty failed to identify the principal d
Publication Date: 2005-07-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Michael S. Kimbrough Dupree, Johnson, Poole & King, Marietta, for appellant.
for defendant: . Frank W. Virgin Slaughter & Virgin, Atlanta, for appellees.
Case Number: A05A0603
Enforcement of an oral agreement between the parties is barred by the Statute of Frauds, because it was a promise for the individual parties to answer for the debt of their corpor
Publication Date: 2005-07-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Matthew K. Hube Hube & Tucker PC, Statesboro, for appellant.
for defendant: Richard A. Mallard, District Attorney, and Michael T. Muldrew, Assistant District Attorney, Statesboro, for appellee.
Case Number: A05A0377
The defendant's conviction for first degree vehicular homicide was affirmed be the evidence was sufficient to establish proximate
Publication Date: 2005-07-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, Stefan E. Ritter, Rebecca S. Mick and Kristin L. Miller, Assistant Attorneys General, Atlanta, for appellant.
for defendant: Lloyd C. Burton, Rome, for appellee.
Case Number: A05A0797
State Personnel Board was authorized to find that the facts did not support the ALJ's determination that the Georgia Department of Education was entitled to fire a teacher for physically intervening
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Publication Date: 2005-07-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Amy M. Budow and Eric S. Fortas Krohn & Moss, Atlanta, for appellant.
for defendant: Jonathan R. Friedman McKenna, Long & Aldridge LLP, Atlanta, for appellee.
Case Number: A05A0053
Summary judgment was properly granted to the defendant on the plaintiff's breach of express warranty claim because she failed to comply with the plain language of the warranty's enforcement provisio
Publication Date: 2005-07-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: David J. Farnham Farnham & Rothenberg LLC, Roswell, for appellant.
for defendant: Stephen D. Kelley, District Attorney, Woodbine, and John B. Johnson III, Assistant District Attorney, Jesup, for appellee.
Case Number: A05A0757
Officers were authorized to seize marijuana found in plain sight during the execution of a search warrant for evidence of child molestation and sexual exploitation of chi
Publication Date: 2005-07-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Douglas R. Powell Hinton & Powell, Atlanta, for appellant.
for defendant: Wade H. Coleman, Edward F. Preston Coleman, Talley, Newbern, Kurrie, Preston & Holland, Valdosta, William A. Erwin Hodges, Erwin, Hedrick & Coleman, Albany, and J. Patrick Ward, Cairo, for appellee.
Case Number: A05A0422
Doctor who was called in to assist hospital with influx of patients injured during a tornado was entitled to immunity under the Good Samaritan law for the injury resulting in the amputation of the p
Publication Date: 2005-07-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Michael R. Braun Braun & Lee LLP, Marietta, for appellant.
for defendant: John M. Adelman Harper, Walden & Craig, Atlanta, and Stephen D. Morrison Jr. County Attorney's Office, Marietta, for appellee.
Case Number: A05A0544
Since the trial court directed a verdict on the plaintiff's punitive damages claim, the defendant was entitled to assert the defense of comparative negli
Publication Date: 2005-07-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Douglas A. Wilde and Tara L. Moulds, Law Office of Douglas A Wilde LLC, Peachtree City, for appellant.
for defendant: Michael D. Deming and Paul M. Hoffman Deming, Parker, Hoffman, Green & Campbell, Norcross, for appellee.
Case Number: A05A0486
Plaintiff did not show that a store employee was in a position to have easily seen and removed the pole bean on the floor in the produce section when plaintiff slipped and
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