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  • McGarity v. Hart Electric Membership Co.

    Publication Date: 2011-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Peter A. Law and Jeffrey P. Shiver Law & Moran, Atlanta, for appellant.
    for defendant: Troy L. Greene, Hugh B. McNatt McNatt, Green & Peterson, Vidalia, Walter J. Gordon Sr., Hartwell, and Timothy K. Hall, Macon, for appellee.
    Case Number: A10A2069

    Evidence showed the requisite mutuality of interest, advantage, or potential benefit, namely that the plaintiff visited the property in question to assess whether he wanted to purchase it, to suppor

  • Mayfield v. State

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Kathryn R. Elwart, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Atlanta, for appellee.
    Case Number: A10A1862

    The arson victim's testimony sufficiently showed the cost to repair a house and that repairs were not an absurd undertaking under the circumst

  • Jimmy Britt Builders Inc. v. Suntrust Bank

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Benjamin A. Joffee Webb, Tanner, Powell, Mertz & Wilson LLP, Lawrenceville, for appellant.
    for defendant: . Mathew A. Schuh and Michael P. Bain Busch, Slipakoff & Schuh LLP, Atlanta, for appellee.
    Case Number: A10A2352

    An expert witness is not required to explain the basis of his opinion or the methodology utilized to reach the opinion unless based on sheer specul

  • Wilson v. McNeely

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gary N. Wilson, Swainsboro, proceeded pro se. Laura H. Wheaton Brown Rountree PC, Statesboro, and Charles H. Brown, Pembroke, for appellee.
    for defendant:
    Case Number: A10A2268

    A witness was not qualified to testify as an expert regarding the acceptable standard of conduct of an attorney in a real estate closing because he did not engage in activities constituting the prac

  • CNL APF Partners LP v. DOT

    Publication Date: 2011-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles L. Ruffin, Ivy N. Cadle and Carl R. Varnedoe Baker, Donelson, Bearman, Caldwell & Berkowitz PC,Macon, for CNL APF Partners LP. Charles N. Pursley Jr. Pursley Lowery Meeks LLP, Atlanta, for RCI Realty LLC. Thurbert E. Baker, Attorney General, Atlanta, Paul H. Dunbar III and Ziva P. Bruckner Capers, Dunbar, Sanders, Bruckner & Bellotti LLP, Augusta, for appellee. Other party representation: Henry R. Smith, Augusta.
    for defendant:
    Case Number: A10A1812; A10A1991

    The trial court erred in denying the condemnees' motion in limine to exclude evidence concerning funds that the state deposited into the court registry upon filing its condemnation petition because

  • Nuci Phillips Mem'l Found. Inc. v. Athens-Clarke County Bd. of Tax Assessors

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jason C. Warnes II Timmons, Warnes & Ladisch LLP, Athens, for appellant.
    for defendant: William C. Berryman Jr., County Attorney, and Amy S. Gellins County Attorney's Office, Athens, for appellee.
    Case Number: S10G0448

    The trial court correctly affirmed the county Board of Equalization's grant of an ad valorem tax exemption to a charitable Foundation, which provides a safe haven for musicians and any others coping

  • Atlantic Station LLC v. Vratsinas Constr. Co.

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael H. Shanlever and John I. Spangler III Alston & Bird LLP, Atlanta, for appellant.
    for defendant: Kent P. Smith and Stephen G. Joy Smith, Currie & Hancock LLP, Atlanta, for appellee.
    Case Number: A10A1134

    The appellant waived its right to stay arbitration in a dispute over $4.5M in invoices rendered from 1999-2004 in connection with development consulting services provided in connection with the cons

  • RNW Family Partnership LTD v. Department of Transp.

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jimmy D. Plunkett, Thomson, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Atlanta, and Paul H. Dunbar III Capers, Dunbar, Sanders, Bruckner & Bellotti LLP, Augusta, for appellee.
    Case Number: A10A1204

    The trial court did not err by refusing to give two of condemnee's requested jury charges because the trial court's charges as a whole substantially covered the principals embodied in the req

  • Paxton v. Citizens Bank & Trust of W. Georgia

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Carl G. Kleeman IV Brock, Clay, Calhoun & Rogers LLC, Marietta, for appellant.
    for defendant: Joseph N. Smith, Charles S. Conerly, and Randall C. Parian Smith Diment Conerly LLP, Carrollton, for appellee.
    Case Number: A10A1255

    Personal jurisdiction existed where Alabama company's members understood that company was formed for the purpose of developing property in Georgia, and its members availed itself to the law of Georg

  • Kitchen v. Hart

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Brent J. Savage and Christopher D. Britt Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: . David R. Smith Brenan, Searcey & Smith, Savannah, for appellees.
    Case Number: A10A0827

    The trial's court's order of summary judgment in favor of attorney who represented appellants in transaction binding appellants to $3.6M in bank loans was proper, since appellants' act of voluntaril