Case Digests

Citron v. Ghaffari

Publication Date: 2001-01-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: David V. Johnson Browning & Tanksley LLP, Marietta, Henry D. Green Jr. Hall, booth, Smith & Slover, Atlanta, Jane L. Sams and Hezekiah Sistrunk Jr. Cochran Cherry Givens Smith & Sistrunk, Atlanta and Daniel J. Huff Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellant.
for defendant: Stephen H. Sparwath Jennings, Sparwath & Satcher, Marietta, for appellee.
Case Number: A00A1685

The heartbeat of an 8-week-old fetus was not sufficient movement to constitute "quickening" for purposes of maintaining a cause of action for the fetus' wrongful

McClung Surveying Inc. v. Worl

Publication Date: 2001-01-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Carol V. Clark McCalla, Raymer, Padrick, Cobb, Nichols & Clark, Atlanta, for appellant.
for defendant: . Leon Van Gelderen and John A. Ziolo Cornelson & Van Gelderen LLP, Atlanta, for appellees.
Case Number: A00A1053

The buyers were merely incidental beneficiaries of the closing attorney's contract with defendant to survey the seller's pro

Suarez v. Halbert

Publication Date: 2001-01-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Robin G. Mayer Sanders Haugen & Sears PC, Newnan, for appellant.
for defendant: . Jeffrey B. Bogart and George R. Ference Bogart & Bogart PC, Atlanta and Christine C. Bogart, Atlanta, for appellees.
Case Number: A00A1240

The mother was not entitled to recover her attorneys fees for responding to the grandparents' good faith petition to protect their grandchildren under the Family Violenc

Park Pride of Atlanta Inc. v. City of Atlanta

Publication Date: 2001-01-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Leigh M. Wilco and Charles B. Waters Jr. Weissman, Nowack, Curry & Wilco PC, Atlanta, for Park Pride. H. Wayne Phears, Wendy A. Jones, Kelly M. Fitzgerald Phears & Moldovan, Norcross, Sarah I. Mills and Kendric E. Smith, Assistant City Attorney, Atlanta, for the city of Atlanta. Other party representation: Robert C. Semler Webb, Carlock, Copeland, Semler & Stair, Atlanta.
for defendant:
Case Number: A00A0954, A00A0955, A00A0994

The city's indemnity contract with a non-profit park organization that coordinated volunteers to beautify city parks did not entitle the city to indemnification for its own negligent

Malave v. Allstate Ins. Co.

Publication Date: 2000-12-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Fred S. Clark Clark & Clark, Savannah, and Shari L. Smith, Hinesville, for appellant.
for defendant: Tracie G. Smith Julie D. Majer Law Office, Savannah, for appellee.
Case Number: A00A1519

State v. Cunningham

Publication Date: 2000-12-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Tambra P. Colston, District Attorney, and Leigh E. Patterson, Assistant District Attorney, Rome, for appellant.
for defendant: William F. Sparks, James C. Wyatt, Rome, and Harry M. Moseley, Cumming, for appellees.
Case Number: A00A1353

The officer's uncorroborated hunch that the passenger placed something on the floor of the car did not provide probable cause to detain the occupants of the car after the officer concluded the initi

Schreiber Co.-Shurlington Plaza LP v. Norstan Apparel Shops of N.Y. Inc.

Publication Date: 2000-12-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: James J. Brissette McGee & Oxford, Atlanta, for appellant.
for defendant: Wendell K. Howell Jones, Cork & Miller and John E. Hall Jr., Macon, for appellees.
Case Number: A00A1732

The lessee's lost profits were material and relevant to show the damage it sustained from the lessor's breach of a non-competition c

In the Interest of K.J.T.

Publication Date: 2000-12-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Caroline A. Cormack and Billy C. Mathis Jr. Mathis Law Offices, Albany, for appellant.
for defendant: Kenneth B. Hodges III, District Attorney, and Gregory W. Edwards, Chief Assistant District Attorney, Albany, for appellee.
Case Number: A00A0936

The trial court prematurely transferred the juvenile's case to superior court based on inconclusive evidence as to whether the juvenile should be committed to a mental instit

Wilkins v. State

Publication Date: 2000-12-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Sean A. Black, Toccoa, for appellant.
for defendant: Michael H. Crawford, District Attorney, Clarkesville, and William C. Akins, Assistant District Attorney, Toccoa, for appellee.
Case Number: A00A1634

The prosecutor did not improperly comment on the defendant's right to remain silent by referring to defendant's refusal to give a blood sample when he was arr

Cox v. Erwin

Publication Date: 2000-12-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Eugene W. Walters, Lithonia, for appellant.
for defendant: James L. Hughes and Jim Wimberly Jr. Wimberly & Lawson PC, Atlanta, and Patrick J. Fox McNally, Fox, Mahler & Cameron, Fayetteville, for appellees.
Case Number: A00A1666

At-will plaintiff's employer could not change plaintiff's rate of pay retroact