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  • Holder v. State

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John P. Rutkowski, Alpharetta, for appellant.
    for defendant: Philip C. Smith, District Attorney, and Sandra A. Partridge, Assistant District Attorney, Cumming, for appellee.
    Case Number: A00A0490

    Defendant could not be convicted for deposit account fraud for issuing a bad check for the victim's profit share in defendant's membership corporation, since the victim gave nothing of value in exch

  • Stiles v. State

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Phillip G. Cody Jr. McDonald & Cody Law Offices, Cornelia, for appellant.
    for defendant: Michael H. Crawford, District Attorney, and Earnest J. McCollum, Assistant District Attorney, Clarkesville, for appellee.
    Case Number: A00A0597

    The trial court should have instructed the jury on sel nse as to defendant's cruelty to children charge, since the state could not prove the essential element of malice if defendant acted in se

  • Ellis v. Five Star Dodge Inc.

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Thomas F. Jarriel Lane & Jarriel, Macon, for appellant.
    for defendant: . Sarah Harper, O. Hale Almand Jr. and Samuel G. Alderman III Almand & Wiggins, Macon, for appellee.
    Case Number: A00A0348

    Defendant failed to show excusable neglect supporting the opening of default, since it did not make sure its insurance carrier had received plaintiff's complaint or that an answer was

  • Huguley v. State

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Peter M. Zeliff, Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Maria Murcier-Ashley and Melissa L. Himes, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A00A0639

    Defendant was not entitled to a charge on the lesser included offense of reckless conduct, since his admission that he fired the shots to warn the victims showed his intent to commit aggravated as

  • Jordan v. State

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0340

    Defendant's kidnapping conviction reversed since he seized the victim in Polk C but was tried in Cobb C

  • Peppers v. State

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Eric A. Ballinger Conrad & Abernathy, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Cecelia Harris, Assistant District Attorney, Canton, for appellee.
    Case Number: A00A0617

    Defendant was not entitled to a new trial after a state witness recanted his testimony against her, since the testimony was consistent with the witness's pretrial custodial statements and his admiss

  • Scott v. State

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Homer R. Hannah III, Lafayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, for appellee.
    Case Number: A00A0510

    Evidence that on the date of his scheduled release from prison, inmate allowed another inmate to borrow his identification and leave the prison and did not bring the escape to prison officials' atte

  • Nix v. Cox Enters. Inc. d/b/a The Atlanta Constitution

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Edward T.M. Garland and Nelson O. Tyrone III Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Peter C. Canfield and Thomas M. Clyde Dow, Lohnes & Albertson, Atlanta, for appellees.
    Case Number: A00A0070

    The trial court should have treated the defendant's motion to dismiss as a motion for summary judgment because the defendant relied on evidence from a separate lawsuit to show that its newspaper art

  • Howard v. Gourmet Concepts Ntl. Inc.

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Steven L. Beard, Marietta, for appellant.
    for defendant: Henry L. Pruett Swift, Currie, McGhee & Hiers, Atlanta, for Gourmet Concepts and Atlanta Scapes. Bernard Knight, Daniel S. Digby, Assistant County Attorneys, and Elizabeth T. Marinelli DeKalb County Law Dep't, Decatur, for DeKalb County. Other party representation: Clyde E. Rickard III Chambers, Mabry, McClelland & Brooks, R. Phillip Shinall III, Daryl G. Clarida Holland & Knight LLP, Christopher E. Penna, Derek A. Mendicino Johnson, Kayne & Penna PC, Sabrina K. Bozeman and George H. Connell Jr., Atlanta.
    Case Number: A00A0450, A00A0451

    Even if the defendants' trees and shrubbery obstructed the road, they did not contribute to the accident between the plaintiff and a driver who crossed the centerline while spe

  • Amos v. City of Butler

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert D. McCullers and Kevin T. Brown Sell & Melton LLP, Macon, for appellant.
    for defendant: . Thomas F. Richardson and John J. Makowski Chambless, Higdon & Carson, Macon, for appellee.
    Case Number: A00A0311

    When the city turned the plaintiffs' water back on after installing a new water meter, it could not have known that the plaintiffs failed to install a secondary shut-off valve as required by city or