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  • Shaver v. City of Peachtree City

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Joseph J. Saia Saia, Richardson & Meinken, Peachtree City, and Lloyd W. Walker, Fayetteville, for appellant.
    for defendant: Christy R. Jindra, Richard P. Lindsey and Martin C. Jones Webb, Stuckey & Lindsey LLC, Peachtree City, for appellee.
    Case Number: A01A2500

    The municipal court lacked subject matter jurisdiction over defendant's prosecution for underaged alcohol possession because he was charged pursuant to a uniform traffic cit

  • Abernathy v. State

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Derek H. Jones, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Timothy B. Lumpkin and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A01A1644

    The trial court was not required to grant a sua sponte mistrial when a witness improperly placed defendant's character at issue by stating that he had been in p

  • BP Exploration & Oil Inc. v. Jones

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Gerald L. Mize Jr., George N. Mori, Douglas G. Scribner and Paul J. Kaplan Alston & Bird, Atlanta, for BP Exploration & Oil. Preyesh K. Maniklal, Hardy Gregory Jr., Gary C. Christy Gregory, Christy & Maniklal, Cordele, and Christopher N. Smith, Macon, for Jones. Other party representation: William D. Harrison Mozley, Finlayson & Loggins, Atlanta, and Luanne Clark Moore, Clarke, Duvall & Rogers PC, Albany.
    for defendant:
    Case Number: A01A1207; A01A1208

    A n l oil company was not vicariously liable for the plaintiff's injuries at an independently owned gas st

  • Smith v. State

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: John M. Daley, Alpharetta, for appellant.
    for defendant: Fred R. Simpson, Acting District Attorney, and Charles S. Cox, Assistant District Attorney, Rome, for appellee.
    Case Number: A01A2426

    Defendant was entitled to a hearing to determine whether he was ultimately responsible for failing to file a timely direct a

  • Long Leaf Indus. Inc. v. Mitchell

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Malcolm Smith Lokey & Smith, Atlanta, for appellant.
    for defendant: Brad J. McFall and W. Wright Gammon Jr. Gammon & Anderson, Cedartown, for appellees.
    Case Number: A01A1411

    The trial court's jury charge and recharge regarding a premi ner's duty to warn independent contractors of latent dangers necessitated a retrial because the charges appeared to require the prem

  • Paul Dean Corp. v. Kilgore

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: George T. Smith Browning & Tanksley LLP, Marietta, for appellant.
    for defendant: Donald L. Mize and Cecil G. McLendon Jr., Marietta, for appellee.
    Case Number: A01A0958

    Evidence of a letter from plaintiff's counsel memorializing a settlement agreement and defendant's negotiation of two checks in connection with the settlement agreement authorized the trial court to

  • Giraudy v. State

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Christopher M Quinn, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A01A1486

    The state's failure to preserve two inaudible tape recordings of the drug transactions between defendant and a confidential informant did not violate defendant's constitutional rights to due pr

  • City of Atlanta v. Heard

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Susan P. Langford, City of Atlanta Law Dep't, Tuwanda R. Williams, Assistant City Attorney, and Franklin W. Thomas Jr., Associate City Attorney, Atlanta, for appellant.
    for defendant: . Stephen J. Caswell Lane, O'Brien & Caswell PC, and Daniel B. Kane, Atlanta, for appellee.
    Case Number: A01A1371

    The city's police officers were immune from liability arising out of plaintiff's arrest for theft by receiving stolen property because their conducting in investigating plaintiff's used car dealers

  • Mansour Properties LLC v. Reinhardt College Inc.

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Peter M. Degnan and Lori P. Hughes Alston & Bird, for appellant.
    for defendant: . John D. Cline Dana M. Thompson & Assocs., Canton, John P. O'Brien, Daniel E. Tranen Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: A01A1059

    Third-party investors had no rights under a real estate sales contract which provided for the payment of a broker's commi

  • Wingate Land & Dev. LLC v. Robert C. Walker Inc.

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: William E. Cannon Jr. Cannon & Meyer VonBremen, and Earl McCall McCall, Finney & Phillips PC, Albany, for appellant.
    for defendant: . Mark L. Pickett Donaldson, Bell & Pickett PC, Albany, for appellee.
    Case Number: A01A1108

    Evidence that the parties desired to enter into a contract for plaintiff's services, but disagreed on the type and extent of the services required supported plaintiff's alternate claim of quantum m