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  • Montgomery v. Barrow

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jeffrey B. Hanson, Blake E. Lisenby and David H. McCain Sell & Melton LLP, Macon, for appellant.
    for defendant: . Robert S. McPhail David & McPhail LLC, Butler, and Charles W. Byrd Walker, Hubert, Gray, Byrd & Christy, Perry, for appellees.
    Case Number: S09A1510

    Sufficient evidence existed to create a genuine issue of material fact as to whether a property company had sufficient notice of unrecorded deeds to overcome the presumption that it was a bona fide

  • Capital Health Management Group Inc. v. Hartley

    Publication Date: 2010-01-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William B. Brown Heyman & Sizemore LLC, Atlanta, and Leighton Aiken Owens, Clary & Aiken LLP, Dallas, Texas, for appellant.
    for defendant: Sheryl L. McCalla Doffermyre, Shields, Canfield, Knowles & Devine, Atlanta, and David S. Hagy, Nashville, Tenn., for appellee.
    Case Number: A09A2045

    The question of whether the plaintiff's employer acted in good faith and exercised honest judgment, was a jury question, not a question of law for the trial

  • Adams v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2009-05-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Clyde E. Rickard III Chambers, Aholt & Rickard LLP, Atlanta, for appellant.
    for defendant: William M. Cheves Jr., Jane N. Wilkes Sharon W. Ware & Assocs., Kimberly A. McNamara, Russell D. Waldon Harper, Walden & Craig, Rodney S. Shockley Downey & Cleveland, Marietta, and Ryan A. Johnson Bryan M. Pulliam LLC, Covington, for appellee. Other party representation: Mathew G. Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta.
    Case Number: A08A2315

    The insurer was not entitled to set off the ins uninsured motorist coverage by the full $25K paid from the tortfeasor's insurance carrier, since part of the payment was used to pay off the in

  • Adams v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Clyde E. Rickard III Chambers, Aholt & Rickard LLP, Atlanta, for appellant.
    for defendant: William M. Cheves Jr., Jane N. Wilkes Sharon W. Ware & Assocs., Kimberly A. McNamara, Russell D. Waldon Harper, Walden & Craig, Rodney S. Shockley Downey & Cleveland, Marietta, and Ryan A. Johnson Bryan M. Pulliam LLC, Covington, for appellee. Other party representation: Mathew G. Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta.
    Case Number: A08A2315

    The insurer was entitled to set off the in s uninsured motorist coverage by the full $25K paid from the tortfeasor's insurance carrier, even though part of the payment was used to pay off the i

  • Georgia Pines Community Serv. Bd. v. Summerlin

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General and Jennifer L. Dalton, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Cale H. Conley, Richard A. Griggs Conley Griggs LLP, Atlanta, and C. Frederick Overby Overby Law Office PC, Columbus, for appellees.
    Case Number: A08A1823

    The defendant was entitled to sovereign immunity, since the allegedly negligent individuals, who contributed to her 18-year-old son's death of asphyxiation at the defendant's intensive treatment res

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

    View this Book

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  • Ford v. Caffrey

    Publication Date: 2008-08-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1488

    No question of fact remained as to whether the defendant was a state employee when he allegedly made defamatory statements about the plaintiff to members of various state and federal law enforcement

  • City of Atlanta v. WH Smith Airport Servs. Inc.

    Publication Date: 2008-03-28
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A07A1851

    Some evidence supported the $3,288,083 verdict for the plaintiffs' in their breach of contract suit, arising out of a dispute as to whether they were entitled to a rent abatement for leased

  • State v. Morrell

    Publication Date: 2006-10-13
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Thurbert E. Baker, Attorney General, Atlanta, for appellant.
    for defendant: Kazuma Sonoda Jr. Metro Conflict Defender's Office, Atlanta, for appellee.
    Case Number: S06A1240

    The state has the right to appeal an oral suppression after a defendant's acquittal only when the transcript shows that the trial court refused the state request that the trial court reduce th

  • H. D. McCondichie Properties v. Georgia Dep't of Transp.

    Publication Date: 2006-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard N. Hubert and Jonathan E. Ganz Chamberlain, Hrdlicka, White, Williams & Martin, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Atlanta, and Paul H. Dunbar III Capers, Dunbar, Sanders & Bruckner, Augusta, for appellee.
    Case Number: A06A0426

    The trial court properly excluded evidence that the DOT originally hired an expert the appellant late subpoenaed, since the issue of who originally hired the expert was irrelevant to the issue of j

  • Bajjani v. Gwinnett County Sch. Dist.

    Publication Date: 2006-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Richard A. Carothers and Cheryl R. Reid Carothers & Mitchell, Buford, for appellant.
    for defendant: . E. Victoria Sweeney Thompson & Sweeney PC, Stephen D. Pereira, Lawrenceville, and Gerald Davidson Jr. Davidson & Tucker LLP, Duluth, for appellees.
    Case Number: A05A1781

    The trial court erred in granting the defendants' motion for judgment on the pleadings in a case involving serious injuries a high school student suffered due to a physical attack by another student