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  • Smalls v. Walker

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Calvin A. Rouse, Augusta, for appellant.
    for defendant: Troy A. Lanier Dye, Tucker, Everitt, Long & Brewton and Percy J. Blount Glover & Blount PC, Augusta, for appellees.
    Case Number: A99A2020

    Plaintiff could not pursue his personal injury claim against the defendants because he failed to list the claim as a potential asset in his Chapter 13 bankruptcy filing or amend his filings to incl

  • Cox v. State

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John M. Hatfield The Hatfield Law Firm, Waycross, for appellant.
    for defendant: Michael D. DeVane, Solicitor General, Waycross, for appellee.
    Case Number: A99A2244

    Even though the form which the pro se defendant signed to show he was pleading not guilty included trial waiver, the form was insufficient to show the defendant knowingly waived his right to

  • Means v. Marshalls

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Robert J. Hunter, Brian K. Jackson Hendrick & Hunter and Andrew B. Koplan Drew, Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: James R. Doyle II and Douglas A. Wilde Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellee.
    Case Number: A00A0354

    The plaintiff could not recover for the injuries she sustained when she slipped on debris in the defendant's dressing room, even if she was distracted by an emergency involving her stepdaughter, bec

  • Alford v. State

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thomas R. Morgan Jr., Woodbury, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, Julianne W. Holliday, Assistant District Attorney, LaGrange, and Rudjard M. Hayes, Assistant District Attorney, Greenville, for appellee.
    Case Number: A99A2436

    In determining whether the minor victim suffered excessive mental pain, the jury could consider the therapist's testimony that the minor victim was very depressed and suffered from recurrent flashba

  • Wright v. State

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Caleb B. Banks, Tybee Island, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, David T. Lock and Lori E. Loncon, Assistant District Attorney, Savannah, for appellee.
    Case Number: A99A2258

    Defendant's stabbing his wife 26 times did not require the merger of his aggravated assault and aggravated battery convictions, since each conviction was shown by different stab w

  • Markowitz v. Wieland

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William J. McKenney McKenny & Froelich, Robb E. Hellwig and Richard R. Hays Alston & Bird, Atlanta, for appellant.
    for defendant:
    Case Number: A99A1888, A99A1889

    Since plaintiffs chose to affirm a purchase and sale contract which included a merger clause and a disclaimer provision, they could not claim that they relied on the sellers' alleged misrepresenta

  • Fulton County Bd. of Tax Assessors v. Visiting Nurse Health Sys. of Metro Atlanta Inc.

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Maureen M. McLeod and Thomas A. Cox Jr. Johnson, Freeman & Perkins-Hooker LLC, Atlanta, for appellant.
    for defendant: David M. Zacks and Burleigh L. Singleton Kilpatrick Stockton LLP, Atlanta, for appellee.
    Case Number: A99A1925

    A nonprofit home health care corpor is not a nonprofit hospital that is exempt from ad valorem tax

  • Jackson v. Doe

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Robbin Shipp-Matos, Macon, for appellant.
    for defendant: J. Franklin Edenfield Spivey, Carlton & Edenfield PC, Swainsboro, for appellee.
    Case Number: A99A2383

    A plaintiff who files a civil action just before the expiration of the statute of limitation does not have to use express mail to expedite service of the complaint because O.C.G.A. § 9-11-4 c's 5-da

  • Dearing v. State

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Glyndon C. Pruitt, Buford, for appellant.
    for defendant: . Lydia J. Sartain, District Attorney, and E. Paul Stanley, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A99A2198

    Verifications signed under oath before a notary public satisfy O.C.G.A. § 16-13-49 o 3's requirement that answers to forfeiture complaints must be verified under "penalty of per

  • Johnson v. Atlanta Housing Auth.

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Allen F. Harris Gill, Peterson & Harris PC and James N. Sadd Slappey & Sadd, Atlanta, for appellant.
    for defendant: W. Seaborn Jones, Elizabeth Knight and Roger K. Whitesides Gleaton, Scofield, Egan & Jones, Atlanta, for appellee.
    Case Number: A99A1898

    Landlord was not liable for tenant's being shot while sitting on a bench outside his apartment building, because tenant was aware of the danger of sitting on that bench at night and he failed to pay