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  • Brandon v. Newman

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Keith F. Brandon Zimmerman & Assocs., Atlanta, for appellant.
    for defendant: Samuel W. Cruse, Augusta, for appellee. Other party representation: Elizabeth McLeod Fulcher, Hagler, Reed, Hanks & Harper, Augusta.
    Case Number: A99A1776

    The plaintiff could not enforce his attorney's lien against the defendant's personal injury settlement because the underlying retainer agreement was inexplicably entwined with an unethical fee-split

  • Dillard v. Denson

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Hilliard P. Burt Burt & Burt PA, Albany, and Edward D. Tolley Cook, Noell, Tolley, Bates & Michael LLP, Athens, for appellant.
    for defendant: Elaine W. Hight, Assistant County Attorney, Athens, for appellees.
    Case Number: A99A2418

    The plaintiffs were not entitled to declaratory relief or mandamus with regard to the denial of their untimely ad valorem tax appeal because they did not file a notice of appeal with the county boar

  • Glisson v. Freeman

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Jerrell T. Hendrix and Carl M. Nelson Jr., Richmond Hill, for appellant.
    for defendant: Richard A. Rominger and Lisa R. Richardson Brennan, Harris & Rominger, Savannah, for Carol Freeman. Terry R. Weiss and M. Graham Loomis Long, Aldridge & Norman, Atlanta, for Merrill Lynch.
    Case Number: A99A2319, A99A2480

    Stock broker of joint account with right of survivorship was liable to widow for conversion and breach of fiduciary duty because it failed to confirm executor's assertion that widow wanted account f

  • Sanders v. State

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William T. Straughan Straughan & Straughan, McRae, for appellant.
    for defendant: Timothy G. Vaughn, District Attorney, and Russell P. Spivey, Assistant District Attorney, Eastman, for appellee.
    Case Number: A00A0076

    The state did not have to prove the chain of custody of a videotape showing the drug transaction because it was a distinct physical object that could be identified by observ

  • State v. Hanson

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Stephen D. Kelley, District Attorney, and James J. Presswood Jr., Assistant District Attorney, Brunswick, for appellant.
    for defendant: James J. McGinnis and Mark J. Kadish, Atlanta, for appellee.
    Case Number: A99A2256

    The officer had no right to detain the defendants and search their vehicle after he terminated the initial traffic stop and told them that they were free to

  • Stephens v. Conyers Apostolic Church

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert W. Hughes Jr. Hughes & Kaplan, Stone Mountain, for appellant.
    for defendant: Craig C. Avery Cooper & Assocs., Duluth, and Thomas D. Harper Harper, Waldon & Craig, Atlanta, for appellee.
    Case Number: A99A2286

    Plaintiff could not recover under church's automobile insurance policy for injuries caused by church's agent who was driving a new church van, since the church did not timely notify the insurer to e

  • Canterbury Forest Ass'n v. Collins

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Harry O. Lee Jr., Lucius M. Layfield III and Melissa R. Reynolds Miller, Layfield & Lee PC, Columbus, for appellant.
    for defendant: Bradford C. Dobbs, Columbus, for appellee.
    Case Number: A00A0924

    Although the covenants restricting the use of defendant's property expired by law when he and other property owners attempted, but failed, to renew the covenants for another 20 years, the defendant

  • Pruitt v. State

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Juwayn N. Haddad, Public Defender, Clarkesville, for appellant.
    for defendant: Michael H. Crawford, District Attorney, and Earnest J. McCollum, Assistant District Attorney, Clarkesville, for appellee.
    Case Number: A00A0645

    The defendant was not entitled to an out-of-time appeal because his failure to appeal his convictions in a timely manner was due to his own conduct and not the ineffective assistance of his trial co

  • Yother v. State

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Eric A. Ballinger Conrad & Abernathy, Canton, for appellant.
    for defendant: Roger Queen, District Attorney, and William B. Britt, Assistant District Attorney, Ellijay, for appellee.
    Case Number: A00A0577

    Defendant's confinement in jail under a work-release program was an appropriate sentence following the revoc of his prob

  • Rabern v. State

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James P. Brown Jr., McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    Case Number: A99A1846

    The state failed to show that the forfeiture of the defendant's home and surrounding acreage was not excessive in comparison with his use of a shed attached to the home to grow 3-inch marijuana p