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  • Savannah Jaycees Foundation Inc. v. Gottlieb

    Publication Date: 2005-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James B. Blackburn Jr. and Patrick F. Roughen Jr. Wiseman, Blackburn & Futrell, Savannah, for Savannah Jaycees. Thomas A. Nash Jr., Savannah, for Gottlieb.
    for defendant:
    Case Number: A05A0035;A05A0036

    A declaratory judgment authorizing the plaintiffs to use certain property for parking was unduly broad and must be modified to make the plaintiffs' parking rights subject to the right of the propert

  • Dalton v. State

    Publication Date: 2005-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James R. Dalton, Buford, proceeded pro se. Kermit N. McManus, District Attorney, Dalton, for appellee.
    for defendant:
    Case Number: A05A0837

    The defendant's direct appeal from the denial of his motion to vacate a conviction that had been affirmed on appeal more than five years earlier was dism

  • The Governors Towne Club Inc. v. Caffrey Constr. Co.

    Publication Date: 2005-06-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: George D. Wenick and Maura F. Krause Smith, Currie & Hancock LLP, Atlanta, for appellant.
    for defendant: . Roy H. Meeks Jr. Pursley, Lowery & Meeks LLP, Atlanta, for appellee.
    Case Number: A05A0586

    A factual issue remained as to whether the parties mutually agreed to the plaintiff's proposed hourly charges for clearing work at a golf c

  • Hill v. Filsoof

    Publication Date: 2005-06-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Phillip Hill, Bristol, Fla., proceeded pro se. Charles H. Van Horn and Steven A. Wagner Berman, Fink, Van Horn PC, Jordan E. Lubin, Marietta, and Albert F. Nasuti, Norcross, for appellee.
    for defendant:
    Case Number: A05A1275

    The debtor failed to tender payment of the debt he owed under the note secured by his residence and such tender was a prerequisite to set aside the foreclosure

  • Suwanee Pediatrics LLC v. Fan

    Publication Date: 2005-05-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gary J. Leshaw, Decatur, for appellant.
    for defendant: Michael A. Caldwell Delong, Caldwell, Novotny & Bridgers LLC, Atlanta, for appellee.
    Case Number: A05A0496

    An employer had cause to terminate its employee under the terms of her employment contract, when the employee refused to return certain proprietary documents, despite repeated requests to

  • Gould v. State

    Publication Date: 2005-05-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ronald G. Shedd Floyd County Pub. Defender's Office, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Harold W. Goldin Jr., Assistant District Attorney, Rome, for appellee.
    Case Number: A05A0707

    The defendant accepted transfers of over $4 million from the victim and never invested it for the victim's benefit or use as pro

  • In re Estate of Zeigler

    Publication Date: 2005-05-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Fred S. Clark Clark & Clark, Savannah, for appellant.
    for defendant: David H. Fritts, Savannah, for appellee.
    Case Number: A05A0071

    The probate court had good cause to remove the appellant as the executor of her grandmother's estate, since appellant did not responsibly take control of the assets of the estate and co-mingled esta

  • Holman v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A0627

    O.C.G.A. § 16-5-44.1 d expressly provides that the of of hijacking a motor vehicle shall be considered a separate of and shall not merge with any other of

  • Blackmon v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerald B. Williams, Albany, for appellant.
    for defendant: Charles M. Ferguson, District Attorney, Keith W. Day, District Attorney's Office, Cuthbert, and David H. Moseley, Assistant District Attorney, Blakely, for appellee.
    Case Number: A05A0578

    The defendant was entitled to an indictment, which was perfect in form and substance, and the defendant's indictment alleging that the crimes occurred between 1994 and 1998 was imperfect, because it

  • Sofran Peachtree City LLC v. Peachtree City Holdings LLC

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Luke A. Kill Scoggins & Goodman, Atlanta, for appellant.
    for defendant: Anthony O. Lakes, L. Matt Wilson and Marko L. Burgar Wilson & Lakes LLP, Atlanta, for appellant.
    Case Number: A05A0254

    The trial court had authority under O.C.G.A. § 9-11-60 g to correct a mere omission in its summary judgment order at any