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  • Redfearn v. The Huntcliff Homes Ass'n Inc.

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0804, A00A0805

    Since there was some evidence that the homeowners' association had notice that the defendant was going to construct a 12-foot retaining wall within his property's 25-foot setback, the defendant was

  • Whelan v. Moone

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Inman G. Hodges and Terri M. Yates Oliver, Maner & Gray, Savannah, for appellant.
    for defendant: David S. Bills, Atlanta, and Lloyd D. Murray Lloyd D. Murray & Assocs., Pembroke, for appellees.
    Case Number: A99A1799

    Evidence of plaintiff's financial inability to pay for surgery and lack of health insurance coverage was admissible because defendant doctor claimed her damages could have been avoided if she had f

  • Pyle v. Pyle

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James A. Satcher Jr., Rome, for appellant.
    for defendant: Richard C. Sutton, Tallapoosa, for appellees. Other party representation: Jeffrey P. Raasch, Gary L. Seacrest Seacrest, Karesh, Tate & Bicknese, and Robyn L. Oliver Freeman, Mathis & Gary, Atlanta.
    Case Number: A99A2387

    A jury could find that the vice-president of a funeral home interfered with the widow's private right to bury her husband when the vice-president told the city to deed th and's burial plot to t

  • Teledata World Servs. v. Tele-Mart Inc.

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John G. Parker and Joseph C. Sharp Paul, Hastings, Janofsky & Walker, Atlanta, for appellant.
    for defendant: Edward T.M. Garland, Robin N. Loeb and Sam L. Starks Garland, Samuel & Loeb PC, Atlanta, for appellee.
    Case Number: A00A0730

    The plaintiff could not use Ge s Long Arm Statute to serve a Nevada corporation that was authorized by the Secretary of State to transact business in Ge

  • Mallard v. State

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Mark C. Post, Assistant District Attorney, Columbus, for appellee.
    Case Number: A00A0682

    Evidence that the defendant fabricated a story about touching the victim's broken window several hours after the police removed that window and found his fingerprints on it supported his burglary co

  • Tolliver v. State

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jason R. Hasty Jason R. Hasty PC, Marietta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Maria Murcier-Ashley, Assistant District Attorney, Decatur, for appellee.
    Case Number: A99A2199

    The trial court had authority to condition the defendant's request for first offender treatment on his serving prison time for firing a loaded pistol into the victims' car on the inter

  • Yearwood v. Southern Life Sys. Inc.

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Pat E. Belcher II Belcher, Pakchar & Sams, Atlanta, for appellant.
    for defendant: Brent J. Savage Savage, Herndon & Turner PC, Savannah, for appellee.
    Case Number: A99A2472

    The defe s former district manager was not entitled to receive continuing commissions on accounts he originated while working for the defe

  • Abend v. Klaudt

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lori G. Baer and Candice Stone Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . David A. Sleppy and Dennis T. Cathey Cathey & Strain, Cornelia, for appellees. Other party representation: Robert G. Tanner and Johnathan T. Krawcheck Long, Weinberg, Ansley & Wheeler, Atlanta.
    Case Number: A99A1862

    The 5-year statute of repose in O.C.G.A. § 9-3-71 b does not bar a foreign object medical malpractice action that is timely filed within the 1-year limitation period for that type of

  • Gooden v. City of Atlanta

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Thomas M. West, Atlanta, for appellant.
    for defendant: . Yeun S. Jo, Kendrice E. Smith, Assistant City Attorneys, and Susan P. Langford, Atlanta, for appellee.
    Case Number: A99A2466

    Mother's evidence of crimes at public pool where her child drowned did not show that pool was a nui

  • Georgia Receivables Inc. v. Kirk

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Elizabeth C. Whealler and Jerry C. Tootle Jr., Marietta, for appellant.
    for defendant: Edward Kirk, Acworth, proceeded pro se.
    Case Number: A99A1831

    The Court could have imposed a penalty against the plaintiff for frivolously appealing the determination that the defendant's health spa contract was void and unenforceable after the plaintiff lost