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  • Taylor v. Thompkins

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Ronald B. Warren Whitehurst, Cohen & Blackburn, Thomasville, for appellant.
    for defendant: William C. Sanders Alexander & Vann, Thomasville, for appellees. Other party representation: George C. Floyd, Bainbridge, Henry P. Scott Young, Thagard, Hoffman, Scott & Smith, Valdosta.
    Case Number: A00A0637

    Any inference that defendant owned the unbranded cow which plaintiff struck in the road disappeared when defendant showed that all of his cows are branded, none of them were missing and no gap exist

  • Brantley v. Department of Human Resources

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thomas H. Hinson II Westmoreland, Patterson & Moseley, Macon, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston, Senior Assistant Attorney General, Marla-Deen Brooks and Brenda A. Raspberry, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: A98A1972

    The Court of Appeals adopts the Supreme Court's judgment that the discretionary function exception of the Georgia Tort Claims Act applies only to a state employee's exercise of judgment involving ma

  • Odom v. State

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jerry M. Daniel, Waynesboro, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A00A0877

    Expert witness's testimony that the 3-year-old victim's behavior and physical exam were consistent with sexua e did not invade the jury's province to determine if the defendant perpetrated sexu

  • Brasuell v. State

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David M. Rosenberg, Blue Ridge, for appellant.
    for defendant: Roger Queen, District Attorney, and William B. Britt, Assistant District Attorney, Ellijay, for appellee.
    Case Number: A99A1800

    The trial court had no authority to consider the validity of defendant's guilty plea after his conviction, even though a habeas court had remanded the case for resentencing after finding the sentenc

  • Jones v. State

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jerry M. Daniel, Waynesboro, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A00A0169

    Defendant failed to prove his contention that one of the jurors who convicted him did not receive a summons and therefore was unauthorized to serve on the

  • Sanders v. State

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0203

    The defendant voluntarily waived his rights to appeal his robbery and aggravated assault convictions when he escaped from custody and fled the state prior to his sente

  • Georgia Lottery Corp. v. Sumner

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2010, A99A2011

    Although the stray printing mark on plaintiff's instant game lottery ticket looked like the winning symbol, the mark was a printing error that voided the ticket due to irregul

  • Stallings v. Sylvania Ford-Mercury Inc.

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerald M. Edenfield, Susan W. Cox and Mary E. Adams Edenfield, Cox, Bruce & Classens PC, Statesboro, for appellant.
    for defendant: Joseph P. Brennan Brennan & Wasden, Savannah, for appellee. Other party representation: Morton G. Forbes, Catherine M. Bowman Forbes & Bowman, Gregory V. Sapp Calhoun & Assocs. PC, Savannah, Thurbert E. Baker, Attorney General, and Loretta L. Pinkston, Senior Assistant Attorney General, Atlanta.
    Case Number: A99A2104

    An automobile dealership did not create an agency relationship with a driver when it loaned her a car in exchange for the car she left at the dealership for re

  • Heath v. Sims

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Harmon W. Caldwell Jr. and Wade H. Watson III Caldwell & Watson, and Melissa S. Price, Atlanta, for appellant.
    for defendant: Tom Pye Chestnut & Livingston PC, Doraville, for appellees.
    Case Number: A99A2055

    Since the probate court has exclusive jurisdiction over all matters involving t ates of deceased persons, the superior court lacked jurisdiction to hear a beneficiary's damages claims based on

  • Pine Tree Publ'g Inc. v. Community Holdings Inc.

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Warren R. Power Power & Westbury LLP, Stockbridge, for appellant.
    for defendant: Katharyne C. Johnson Smith, Welch & Brittain, McDonough, for appellees.
    Case Number: A99A1829

    The trial court had no authority to open the defendant's default under O.C.G.A. § 9-11-55 b without considering whether the plaintiff's final judgment could be set aside pursuant to O.C.G.A. § 9-11