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  • Imaging Sys. Int'l Inc. v. Magnetic Resonance Plus Inc.

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Timothy D. Chambers and John W. Chambers Jr. Chambers, Chambers & Chambers, Atlanta, for appellant.
    for defendant: . Adam R. Gaslowitz, Timothy J. McGann and Walter Hamberg III Adam R. Gaslowitz & Assocs., Atlanta, for appellee.
    Case Number: A99A1774

    Plaintiff could not recover attorneys' fees in breach of contract suit under the contract's "prevailing party" fee provision, since it recovered no damages even though the trial court found that de

  • Baker v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Michael A. Corbin, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, for appellee.
    Case Number: A99A2323

    Since the state could not locate the victim of defendant's previous child molestation, a police officer could testify that the then-13-year-old victim stated she and defendant engaged in sexual inte

  • In the Interest of J.B.

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: J. Hue Henry, Marie E. Bruce J. Hue Henry PC, Adrienne R. McFall and Kimberley S. Brown, Athens, for appellant.
    for defendant: John P. Cheeley Cheeley & King PC, Duluth, Thurbert E. Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso and Dennis R. Dunn, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Barry N. McGough, Atlanta, and Christine A. Koehler, Lawrenceville.
    Case Number: A99A2365

    The trial court erred in treating its finding that children were deprived as part of the custody determination in parents' divorce proceeding, and in refusing to make separate, specific findings of

  • Hall v. Hall

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Bruce R. Steinfeld Alembik, Fine & Callner PA, Atlanta, for appellant.
    for defendant: Paula R. Miller, Atlanta, for appellee.
    Case Number: A99A2294

    Father could not recover attorneys' fees under O.C.G.A. § 9-15-14 a in his petition to enforce his visitation rights, since mother's argument against the appointment of a guardian ad litem for the p

  • Davison v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael G. Lambros Boyce, Ekonomou & Atkinson, Atlanta, for appellant.
    for defendant: Richard R. Read, District Attorney, and Andrea M. Dyer Rockdale District Attorney's Office, Conyers, for appellee.
    Case Number: A99A2357

    Evidence that the defendant hit the victim in the face, called her the "c" word and grabbed her hair supported his simple battery convi

  • Smiley v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Luz F. Cloy, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Ann S. Williams, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A99A2337

    Defendant's prior tion of cocaine possession with intent to distribute constituted a prior tion of simple cocaine possession that triggered his sentencing as a recidivist on a subsequent

  • Waters v. Steak & Ale of Ga. Inc.

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Pattie J. Williams and O. Hale Almand Jr. Almand & Wiggins, Macon, for appellant.
    for defendant: David A. Handley and Dana M. Richens Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A99A1664

    Restaurant's kitchen employees were not acting within the scope of their employment when they assaulted plaintiff, since they had no responsibility for security or authority to use force on the pre

  • Lovelace v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert L. Mack Jr., Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Verda M. Andrews-Stroud, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A99A2371

    Defendant was not harmed by variance between indictment's allegation that assault occurred on November 5 and evidence showing it occurred late at night on November 4 since he presented alibi evidenc

  • Benson v. Carter

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2083

    Pursuant to an agreement settling teacher's threatened wrongful termination suit, school board could decide not to renew her contract before she obtained tenure without showing cause for its dec

  • Cromartie v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2167

    Defense counsel did not have to "prepare" defendant's wife for her rebuttal test by convincing her to change her version of events that contradicted defendant's direct test