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  • Avery v. State

    Publication Date: 2000-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Patrick G. Longhi, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Elizabeth A. Baker, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A1266

    Evidence that the defendant was an acquaintance of the former and current victims, that he shot them in the left leg at the same location, and that he and an accomplice robbed them was admissible as

  • Bennett v. State

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Brett D. Turner Turner & Willis PC, Gainesville, and Teresa O.P. Weiner, Jonesboro, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, and Lisa A. Jones, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A00A0898

    Defendant's request for a jury pursuant to O.C.G.A. § 17-7-170 was not a demand for a speedy

  • Kendrick v. Kalmanson

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Dorothy R. Primm and James W. Penland, Atlanta, for appellant.
    for defendant: Chad A. McGowan, Atlanta, for appellee.
    Case Number: A00A1034

    Plaintiff's acceptance of a check for less than the defendant's debt established an accord and satisfaction, because a bona fide dispute existed between the parties as to the amount of defendant's d

  • Sirmans v. State

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William W. Turner III, Nashville, for appellant.
    for defendant: Robert B. Ellis Jr., District Attorney, and Ellen S. Golden, Assistant District Attorney, Nashville, for appellee. Other party representation: James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: A00A1246

    Local Humane Society and sheriff's department did not need a warrant to seize defendants' farm animals which were in plain view and clearly deprived and in need of immediate

  • In the Interest of M.D.

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Derek M. Wright The Wright Law Firm PC, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso, Laura W. Hyman, Assistant Attorneys General, Robert E. Hall Rubin, Winter, Rapoport & Hall, Atlanta, and Sanders B. Deen, Assistant Attorney General, Marietta, for appellee.
    Case Number: A00A1367

    Regardless of whether the mother's mental illness was likely to continue, her failure to cooperate with DFACS until six months after the termination petition was filed and her failure to support or

  • Adame v. State

    Publication Date: 2000-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Leonard Danley Danley & Assocs., Douglasville, for appellant.
    for defendant: James D. McDade, District Attorney, and Stephen L. Corso, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A00A1330

    The trial court properly excluded expert testimony regarding battered woman's syndrome, since the defendant presented no evidence that her boyfriend, whom she attacked with a baseball bat, was ab

  • Jakel v. Fountainhead Dev. Corp. Inc.

    Publication Date: 2000-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Richard C. Bellows, Gainesville, for appellant.
    for defendant: Mark W. Alexander Stewart, Melvin & Frost, Gainesville, for appellee.
    Case Number: A00A1239

    The contract entered into by plaintiff and subdivision developer was not an option contract, since it did not bind the developer to sell the lots to plaintiff, describe the property with particulari

  • Schuck v. Blue Cross and Blue Shield of Ga. Inc.

    Publication Date: 2000-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: David N. Levine and Ralph J. Hiers Hurt, Sinisi, Levine & Papadakis, Atlanta, for appellant.
    for defendant: Debra L. Dewar and Martha C. Perrin Ogletree, Deakins, Nash, Smoak & Stewart, Atlanta, for appellees.
    Case Number: A00A1050

    Since the plaintiff's ment contract guaranteed his ment only for one year, the plaintiff was an at-will ee when he was discharged for insubordination during his fourteenth month of

  • Smith v. AirTouch Cellular of Ga. Inc.

    Publication Date: 2000-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: W. Pitts Carr, Render C. Freeman Carr, Tabb & Pope and Edwin J. Schklar Roberts, Erck & Schklar, Atlanta, for appellant.
    for defendant: . James R. McGibbon, Kristen J. Indermark Sutherland, Asbill & Brennan, Atlanta, and D. Kirk Jamieson, San Francisco, Calif., for appellee.
    Case Number: A00A0710, A00A0711, A00A0802

    Plaintiffs could not sue defendant for rounding up its billing for air time rates to the next minute, because the plaintiffs were class action members in a multi-state suit against defendant involvi

  • Dodson v. State

    Publication Date: 2000-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William H. Newton III, Rome, for appellant.
    for defendant: Tambra P. Colston, District Attorney, and John F. McClellan Jr., Assistant District Attorney, Rome, for appellee.
    Case Number: A00A1306

    The jury was authorized to reject defendant's theory that someone else dropped the cocaine on the well-traveled path based on evidence that the cocaine was found within a foot of defendant and the a