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  • Holy Fellowship Church of God in Christ v. First Community Bank of Henry County

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John A. Pickens, Atlanta, for appellant.
    for defendant: Thomas E. Baynham III Smalley & Cogburn, Griffin, for appellee.
    Case Number: A99A2123

    Plaintiff's appeal should not have been dismissed since the court clerk's office incorrectly believed it could not include a sealed deposition with the record and thus was responsible for the delay

  • Peppers v. State

    Publication Date: 2000-03-24
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Eric A. Ballinger Conrad & Abernathy, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Cecelia Harris, Assistant District Attorney, Canton, for appellee.
    Case Number: A00A0617

    Defendant was not entitled to a new trial after a state witness recanted his testimony against her, since the testimony was consistent with the witness's pretrial custodial statements and his admiss

  • Guerrero v. Tellez

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Mark A. Barber and Richard C. Foster Hicks, Casey & Barber PC, Marietta, for appellant.
    for defendant: William H. Curtis, Smyrna, for appellees.
    Case Number: A99A2161

    Plaintiffs did not comply with Nonresident Motorist Act when they tried to serve defendant by certified mail at his last known address, even though they knew he no longer resided

  • Allen v. State

    Publication Date: 2000-03-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: J. Michael Bass Closson, Bass & Tomberlin, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Jennifer A. Thomas, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A99A1882

    The trial court properly instructed the jury that defendant's mistaken belief that the child molestation victim was over 16 years old was irrelevant and no de

  • Gallimore v. State

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: L. Paul Cobb Jr., Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Gerald Mason, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A00A0195

    Officer's observations that defendant had a strong odor of alcohol on his breath, could not maintain his balance, and had irregular speech and glassy eyes supported DUI—less safe driver convi

  • Al-Madinah Petroleum Inc. v. Mahsa Inc.

    Publication Date: 2000-03-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Michael W. Higgins Higgins & Dubner, Atlanta, for appellant.
    for defendant: David C. Farshy, Atlanta, for appellees.
    Case Number: A00A0158

    Tenant properly canceled lease after its $258,000 building suffered more than $163,000 in damage from a tornado, since lease expressly allowed tenant to cancel if the building's damage exceeded half

  • Clark v. Joiner

    Publication Date: 2000-03-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: J. Thomas Whelchel Whelchel, Brown, Readdick & Bumgartner, Brunswick, for appellant.
    for defendant: . Andrew A. Taylor, St. Marys, for appellee.
    Case Number: A99A1765

    Plaintiff could not recover on his dog claim since there was no evidence that the dog had bitten someone before or that the dog's owners knew of his propensity to

  • Tomlin v. State

    Publication Date: 2000-03-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Teresa O. Weiner, Jonesboro, for appellant.
    for defendant: Keith C. Martin, Solicitor, and Aaron B. Mason, Assistant Solicitor General, Jonesboro, for appellee.
    Case Number: A00A0228

    Officer had a reasonable suspicion to stop defendant's car since another officer observed the passenger smoking and smelled marijuana when the passenger exhaled the smoke out of the w

  • Hunt v. State

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Homer R. Hannah III, Lafayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, and John L. O'Dell, Assistant District Attorney, Trenton, for appellee.
    Case Number: A00A0492

    Although defendant recanted his pretrial statement admitting he broke his fiancee's child's arm, the jury could believe that statement and convict him for breaking the arm and not seeking medical tr

  • Long v. Beach

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Michael T. Byrne and Gregg P. Counts Byrne & Counts LLC, Snellville, for appellant.
    for defendant: William R. Ashe, Monroe, for appellee.
    Case Number: A00A0650

    Evidence of defendant's oral promise to repay the $70,000 his mother gave him for a house downpayment was not admissible to contradict the mother's "gift" letter provided to the mortgage company sta