• Mosteller Mill Ltd. v. Georgia Power Co.

    Publication Date: 2005-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard N. Hubert and Eric C. White Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: Hugh B. Pettit III, Cartersville, Douglas A. Henderson and Donald W. Janney Troutman Sanders, Atlanta, for appellee.

    Case Number: A04A2392

    An undefined maintenance easement allowing the condemnor to enter the condemnee's property and cut away and remove "dangerous" trees constituted a vague and indefinite appropriation of property in v

  • Curtis v. State

    Publication Date: 2005-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Steven L. Sparger, Assistant Public Defender, Savannah, Donald F. Samuel Garland, Samuel & Loeb PC, and Herbert Shafer, Atlanta, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ian R. Heap Jr., Assistant District Attorney, Savannah, for appellee.

    Case Number: A04A2331

    The trial court did not abuse its discretion in denying the defendant's motion to withdraw his voluntary guilty plea, because he failed to show that his plea counsel was ineffe

  • Bartosz v. Chapparal Enters. Inc.

    Publication Date: 2005-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: S. Robert Hahn Jr. and George L. Kimel Robert S. Hahn Law Offices PC, Norcross, for appellant.
    for defendant: Robert N. Elkins, Athens, for appellee.

    Case Number: A04A1848

    The defendant was not entitled to a directed verdict based on an admission by the plaintiff, which was never introduced into evi

  • Paige v. Hyundai Motor Am. Inc.

    Publication Date: 2005-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Amy M. Budow, Eric S. Fortas Krohn & Moss Ltd., Atlanta, and Scott M. Cohen Krohn & Moss Ltd., Chicago, Ill., for appellant.
    for defendant: . Jonathan R. Friedman, Jeremy M. Moeser McKenna, Long & Aldridge LLP, and Paul L. Fields Jr. Fields, Howell, Athans & McLaughlin LLP, Atlanta, for appellee.

    Case Number: A04A1708

    The trial court erred in granting summary judgment to the defendant on the plaintiffs' breach of warranty claim, because there was a genuine issue of material fact as to whether the plaintiffs faile

  • Lenhardt v. State

    Publication Date: 2005-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Earl D. Clark Jr., Athens, for appellant.
    for defendant: Robert Stokely, Solicitor General, Seay VanPatten-Poulakos, Chief Assistant Solicitor, Monica N. Hamlett, Assistant Solicitor, and Sandra N. Wisenbaker Coweta County Solicitor's Office, Newnan, for appellee.

    Case Number: A04A2099

    The arresting officer acted reasonably in refusi defendant's request for an independent blood test at a hospital in downtown Atlanta, given the significant time and distance involved in travel

  • Coogle v. Jahangard

    Publication Date: 2005-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert B. Wedge Shapiro Fussell Wedge Smotherman, Atlanta, for appellant.
    for defendant: . Rodney S. Shockley Downey & Cleveland, Marietta, for appellees.

    Case Number: A04A2158

    The previous owners of a dog that bit the plaintiff's son had no duty to warn the new owner of an alleged prior biting inc

  • Nowill v. State

    Publication Date: 2005-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kirk E. Gilliard Garrett & Gilliard PC, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, for appellee.

    Case Number: A04A2141

    Although the trial court's Allen charge contained inappropriate language, the charge as a whole was not impermissibly coe

  • Pickett v. State

    Publication Date: 2005-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Josephine B. Jones, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, and Dorothy V. Hull, Assistant District Attorney, Macon, for appellee.

    Case Number: A04A2003

    The abduction element of kidnapping occurred when the defendant fraudulently induced the victim to get into his truck and when the defendant forced the victim at knife point to move between a hotel

  • Vakilzadeh Enters. Inc. v. Housing Auth. of County of DeKalb Ga.

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David J. Merbaum, Roswell, for appellant.
    for defendant: Patrick J. O'Connor and Gregory H. Worthy Powell, Goldstein, Frazer & Murphy, Atlanta, for appellee.

    Case Number: A04A2319

    A materialman's lien on pro being developed for low- to moderate-income housing by a county Housing Authority was properly voided because a lien cannot be placed on public pro

  • Holmes v. State

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jacque D. Hawk The Hawk Firm, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, for appellee.

    Case Number: A04A1641

    Although the trial court erred in admitting the defendant's prior guilty plea as similar transaction evidence, his convictions were not reversed because of the high probability that this evidence di