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  • Memorial Hosp. of Adel v. Dunn

    Publication Date: 2001-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Anthony A. Rowell and Thomas M. Burke Jr. Hall, Booth, Smith & Slover PC, Tifton, for appellant.
    for defendant: Pauline C. Council, Valdosta, for appellees.
    Case Number: A01A1038; A01A1039; A01A1040

    The trial court did not abuse discretion in granting plaintiffs' request for a 45-day extension to file their expert affidavit where their treating physician had assured their counsel that he would

  • Thorpe v. State

    Publication Date: 2001-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Virgil L. Brown and Eric D. Hearn Virgil L. Brown & Assocs., Zebulon, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, for appellee.
    Case Number: A01A1001

    O.C.G.A. § 16-1-8 did not bar defendant's state court prosecution for cocaine trafficking because his federal prosecution arising out of the same set of facts was dismissed prior to entry of a final

  • Thorpe v. State

    Publication Date: 2001-08-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Virgil L. Brown and Eric D. Hearn Virgil L. Brown & Assocs., Zebulon, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, for appellee.
    Case Number: A01A1001

    O.C.G.A. § 16-1-8 did not bar defendant's state court prosecution for cocaine trafficking because his federal prosecution arising out of the same set of facts was dismissed prior to entry of a final

  • Gropper v. STO Corp.

    Publication Date: 2001-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Robert P. Hoyt Rubin & Hoyt, Cumming, for Gropper. Jonathan B. Mason, John A. Thomson Jr., Jimmy E. White Womble, Carlyle, Sandridge & Rice, and R. Wayne Bond, Atlanta, for STO Corp. Paul A. Howell Jr., John C. Amabile Pursley, Howell, Lowery & Meeks LLP, and Wayne Grant Wood & Grant, Atlanta, for Renaissance Bldg. Corp. Donald J. Ellis Ellis, Funk, Goldberg, Labovitz & Dokson PC, Atlanta, for Kolbe & Kolbe Millwork Co. Other party representation: Stephen M. Schatz, Robert E. Jones, Kenneth M. Barre Swift, Currie, McGhee & Heirs, Frederick F. Saunders Jr. Harman, Owen, Saunders & Sweeney PC, Charles J. Cole Owen, Gleaton, Egan, Jones & Sweeney LLP, David G. Hester Ellis, Funk, Goldberg, Labovitz & Dokson PC, Michael J. Rust, James T. Brieske Gray, Rust, St. Almand, Moffett & Brieske, Kent T. Stair, Charles E. Rogers, Craig A. Brooks Webb, Carlock, Copeland, Semler & Stair, Terrence A. Shannon, Atlanta, and Mark Cambron Brown, Todd & Heyburn, Louisville, Ky.
    for defendant:
    Case Number: A01A0377; A01A0667

    The 6-year limitation period under O.C.G.A. § 9-3-24 applied to plaintiff's contractual and warranty claims arising out of the use of synthetic stucco in the construction of their

  • Trammell v. Whetstone

    Publication Date: 2001-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: George W. Weaver Weaver & Weaver, and Jeffrey L. Floyd, Jasper, for Trammell. Bryan C. Drost Little & Drost, and Robert K. Ballew, Blue Ridge, for Whetstone. David E. Ralston, Blue Ridge, for Elliott. Other party representation: Sherri L. Dillard-Doss, Oliver H. Doss Jr. Doss & Doss, Blue Ridge.
    for defendant:
    Case Number: A01A0320; A01A0321

    Evidence that a private roadway across defendant's property was between 12 and 15 feet, that plaintiffs they kept the roadway open and in repair for at least seven years and that defendant had notic

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Jones v. Smith

    Publication Date: 2001-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: George M. Rountree George M. Rountree & Assocs. PC, Brunswick, for appellant.
    for defendant: Holle Weiss-Friedman, Brunswick, for appellee.
    Case Number: A01A0416

    The trial court failed to issue findings of fact or conclusions of law to support its legitimation order under either the best interest or parental fitness sta

  • Sky Shots Arial Photography Inc. v. Franks

    Publication Date: 2001-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Lee S. Goldstein Hassett, Cohen, Goldstein & Port, Atlanta, for appellant.
    for defendant: Charles H. Van Horn, Gary S. Freed and Christopher W. Timmons Freed & Berman, Atlanta, for appellee.
    Case Number: A01A0245

    The trial court did not have long-arm jurisdiction over a Florida defendant who conducted no business in Ge

  • Jibri v. Cook

    Publication Date: 2001-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Donald L. Jones, Atlanta, for appellant.
    for defendant: Kevin M. Salisbury and William C. Anderson Downey & Cleveland, Marietta, for appellee.
    Case Number: A01A0601

    Plaintiff could not complain that jury ch were conflicting and confusing when he requested similar ch

  • Jeremiah v. State

    Publication Date: 2001-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Layton D. Jeremiah, Helena, proceeded pro se. Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A01A0113

    The state failed to prove venue for defendant's battery conviction because there was no evidence as to where the battery occ

  • Georgialina Enters. Inc. v. Frakes

    Publication Date: 2001-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Richard E. Miley, N. Augusta, S.C., for appellant.
    for defendant: William A. Trotter III, Augusta, for appellees.
    Case Number: A01A0502

    Jury questions remained as to whether the parties intended for a subsequent promissory to extinguish the security interest created in the parties' original