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Publication Date: 2003-05-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: John A. Lawson, Gray, for appellant.
for defendant: Frederic D. Bright, District Attorney, Milledgeville, and Gregory L. Bushway, Assistant District Attorney, Gray, for appellee.
Case Number: A03A0868
A pretrial photographic line-up was not impermissibly suggestive where the other subjects were physically similar to defendant and the beige background in defendant's photograph did not stan
Publication Date: 2003-05-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Donald F. Samuel and William C. Lea Garland, Samuel & Loeb PC, Atlanta, for appellant.
for defendant: Thomas J. Campbell, District Attorney, and Mickey R. Thacker, Assistant District Attorney, Cartersville, for appellee.
Case Number: A02A2197
A metal-roofed storage shed that was open on three sides and was accessible from the main building was part of the main building for purposes of O.C.G.A. § 1
Publication Date: 2003-04-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Michael A. Corbin, Dalton, for appellant.
for defendant: Kermit N. McManus, District Attorney, and Susan L. Franklin, Assistant District Attorney, Dalton, for appellee.
Case Number: A03A0743
Defense counsel had a duty to investigate defendant's sole defense arising out of his claim that he was experiencing a confusional migraine when he broke into the victim's home to find some
Publication Date: 2003-04-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Cynthia G. Morris and Brooks S. Franklin Franklin & Hubbard, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, and Amira S. AbuBakr, Assistant District Attorney, Atlanta, for appellee.
Case Number: A02A2122
The trial court properly excused for cause a prospective juror who testified that he was wrongly accused by law enforcement, since that juror specifically stated that his view of law enforcement mad
Publication Date: 2003-04-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: William U. Norwood III, John R. Bevis, Pope McGlamry Kilpatrick Morrison, James B. Finley Finley & Buckley, Atlanta, and Paul Kilpatrick Jr. Pope, McGlamry, Kilpatrick & Morrison LLP, Columbus, for appellant.
for defendant: John W. Denney Denney, Pease, Allison & Kirk, Douglas C. Vassy Tisinger, Tisinger, Vance & Greer, Columbus, Joseph H. Riches, Thomas McKay III and Richard M. Mackowski Cozen & O'Connor, Philadelphia, Pa., for appellees.
Case Number: A03A0594
The plaintiff failed to make out a prima facie claim for coverage under its property insurance policies for the cost incurred in making its computer systems Y2K comp
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Publication Date: 2003-04-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Henry R. Bauer Jr. Bauer & Deitch, Atlanta, for appellant.
for defendant: Edward K. Smith Smith, Gambrell & Russell, Susan A. Cahoon and Michael W. Tyler Kilpatrick Stockton LLP, Atlanta, for appellees. Other party representation: Emmet J. Bondurant Bondurant, Mixson & Elmore, Kendric E. Smith City of Atlanta Dep't of Law, Diane P. Flannery, Dean A. Calloway Jones, Day, Reavis & Pogue and Samira Jones Smith, Gambrell & Russell LLP, Atlanta.
Case Number: A03A0680
A business arrangement between Chastain Park's concert promoter and a mi -owned concert promotion business, under which a percentage of the venue's available event dates were subleased to the m
Publication Date: 2003-04-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Phillip N. Golub Houston & Golub PC, Blackshear, for appellant.
for defendant: . W. Vincent Settle III, Waycross, for appellee.
Case Number: A03A0886
The county could not negotiate a contract for road striping services outside of the statutory bidding process because O.C.G.A. § 32-1-3 6 expressly defines road striping as a form of road constructi
Publication Date: 2003-04-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Stephen G. Weizenecker, Vaughn W. Fisher Jr. and Melissa B. Silverman Weizenecker, Rose, Mottern & Fisher PC, Atlanta, for appellant.
for defendant: Melvin R. Hutson Thompson & Hutson, Greenville, S.C., for appellee.
Case Number: A03A0659
The trial court had no discretion to open defendant's default under O.C.G.A. § 9-11-55 b, where the defendant failed to show under oath that he had a meritorious de
Publication Date: 2003-04-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Judith F. Hurt, Clayton, proceeded pro se. Bambi N. Carswell McClure, Ramsay & Dickerson LLP, Toccoa, for appellee.
for defendant:
Case Number: A03A0389
The trial court retained jurisdiction, despite defendant's notice of appeal, since the defendant failed to pay any or all of the appeal costs as required by O.C.G.A. § 5
Publication Date: 2003-03-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Shelby A. Outlaw The Outlaw Firm, Decatur, and Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, for appellant.
for defendant: Woodrow W. Vaughan Jr. and James D. Blitch IV Kidd & Vaughan, Atlanta, for appellee.
Case Number: A03A0704
Under O.C.G.A. § 53-6-60 b, an executor is entitled to a commission of 2.5 percent of all funds flowing into or out of the estate, unless the executor expressly waives that
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