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  • 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

  • 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