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  • CNL APF Partners LP v. DOT

    Publication Date: 2010-01-07
    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

  • Statesboro Blues Dev. LLC v. Farmers and Merchants Bank

    Publication Date: 2010-01-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William K. McGowan, Statesboro, for appellant.
    for defendant: R. Kenny Stone Edenfield, Stone & Cox, Statesboro, for appellee.
    Case Number: A09A1956

    The trial court was entitled to accept the testimony of the bank's expert as to the true market value of the certain real property, because both parties stipulated that the witness was an expert in

  • Radha Krishna Inc. v. Desai

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Vincent J. Arpey, Atlanta, for appellant.
    for defendant: Shawn F. Bratton and J. Michael McGarity The McGarity Group LLC, Buford, for appellees.
    Case Number: A09A2324

    A tenant at will by virtue of holding over at the expiration of the term of his lease holds the premises subject to the general terms and conditions specified in the lease, except as modified by mut

  • Dept. of Transportation of Georgia v. Gilbert's Auto Service

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Warren R. Power, McDonough, for appellant.
    for defendant: William A. White and A.J.Welch Jr. Smith, Welch & Brittain, McDonough, for appellee.
    Case Number: A09A2240

    The DOT could not complain of an error, which it induced, in this inverse condemnation actions for business losses the plaintiff incurred due to the condemnation of land in which it had a leasehold

  • America's Home Place, Inc. v. Cassidy

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: W. Pope Langdale III and Christina L. Folsom Langdale Vallotton LLP, Valdosta, and James M. Walters, Gainesville, for appellant.
    for defendant: John G. C. Durham, Cuthbert, and Jacob M. Zuniga Hawkins & Parnell LLP, Atlanta, for appellees.
    Case Number: A09A1148

    The arbitration award in favor of a builder was not subject to vacatur on grounds that the arbitrator failed to comply with OCGA §

  • Dunaway v. UAP/GA AG. Chem. Inc.

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Wilson R. Smith Smith & Jenkins, Vidalia, for appellant.
    for defendant: Frank F. Middleton IV Watson, Spence, Lowe & Chambless, LLP, Albany, for appellee.
    Case Number: A09A2195

    The appellants failed to show that the arbitrator overstepped his auth

  • RSN Properties, Inc. v. Engineering Consulting Services

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Herman Clark Clark & Clark, Ellijay, James C. Morton, Atlanta, for appellant.
    for defendant: Gregory H. Wheeler and Broderick W. Harrell Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellee.
    Case Number: A09A0872

    A contract limiting the defendant's liability for professional services was not contrary to public policy in this

  • Oconee Land & Timber v. Buchanan

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Thomas F. Richardson and Jason D. Lewis Chambless, Higdon, Richardson, Katz & Griggs, LLP, Macon, for appellant.
    for defendant: Carr G. Dodson Jones, Cork & Miller, Macon, for appellee.
    Case Number: A09A0918

    An agreement to sell real property was unenforceable, because it did not contain a legally sufficient description of the property to be and did not identify the quantity of land to be

  • Performance Food Group, Inc. v. Williams

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Douglas K. Burrell, Atlanta, for appellant.
    for defendant: Trevor G. Hiestand, Ashley Giblin Harper, Waldon & Craig, Atlanta, Steven P. Gilliam Smith, Gilliam, Williams & Miles PA, Gainesville, and Robert P. Gritton, Murfreesboro, Tenn., for appellee.
    Case Number: A09A1719

    Ge s Workers' Compensation Act governs subrogation claims based on benefits paid to employees injured in Ge

  • Covington Square Assoc. v. Ingles Markets, Inc.

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael A. Kessler, Alpharetta, for appellant.
    for defendant: Samuel R. Arden and Jill R. Johnson Hartman, Simons, Spielman & Wood LLP, Atlanta, for appellee.
    Case Number: A09A2145

    Trial court erred in granting summary judgment to the plaintiff on it's plaintiff's claim for punitive damages, since entitlement to punitive damages is a jury