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  • Jerkins v. Jerkins

    Publication Date: 2009-11-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: J. Hue Henry, Athens, for appellant.
    for defendant: David R. Montgomery Hudson & Montgomery PC, Athens, for appellee.
    Case Number: A09A1393

    A proper foundation was laid for the closing attorney to read a letter to the jury as a past recollection recorded, since the attorney's testimony established that he memorialized the conversation w

  • Pate v. Wilson

    Publication Date: 2009-11-20
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Thomas F. Allgood Jr. Allgood & Mehrhof PC, Augusta, for appellant.
    for defendant: James B. Wall and James W. Ellison, Augusta, for appellee.
    Case Number: S09A1105

    The Court reversed the trial court's determination that a widow's inheritance under her husband's will must be reduced by attorneys' fees and litigation expenses incurred by the decedent's estate in

  • Lawrence v. Lawrence

    Publication Date: 2009-11-20
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Martin L. Fierman, Eatonton, for appellant.
    for defendant: Kice H. Stone Stone & Driggers LLC, Macon, for appellee.
    Case Number: S09A1370

    The parties' antenuptial agreement was clearly a contract made in contemplation of divorce, not a contract made in contemplation of marriage, thus, the agreement was not subject to O.C.G.A. § 19-3-6

  • Martin v. Martin

    Publication Date: 2009-11-13
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Joel E. Dodson, Douglasville, for appellant.
    for defendant: Debra L. H. Scott The Scott Practice LLC, Atlanta, for appellee.
    Case Number: S09A1185

    The trial court was authorized to allow the widow to appoint a corporate fiduciary or other individual to serve as trustee, because it was unforeseen that the named trustees and potential trustees w

  • Northpoint Group Holdings, LLC v. Morris

    Publication Date: 2009-11-06
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Elizabeth A. Frey and Louis R. Cohan Weinstock & Scavo PC, Atlanta, for appellant.
    for defendant: Kevin S. Kovalchik Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: A09A1326

    The defendants failed to show one of the three grounds necessary for opening their default: providential cause, excusable neglect or proper

  • Reynolds Properties, Inc. v. Bickelmann

    Publication Date: 2009-11-06
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kristine R. Tarrer, Eatonton, for appellant.
    for defendant: Thomas P. Allen III Martin Snow LLP, Macon, for appellee. Other party representation: Ned Blumenthal Weissman, Nowak, Curry & Wilco PC, Atlanta.
    Case Number: A09A1164

    A realty was not entitled to a commission where the buyers and sellers agreed to terminate the real estate sales contract and to release all parties from their responsibil

  • Peach Blossom Dev. Co. Inc. v. Lowe Electric Supply Co.

    Publication Date: 2009-10-16
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: G. E. Adams, Warner Robins, for appellant.
    for defendant: . Larry A. Williams, Macon, for appellee.
    Case Number: A09A1698

    A question of fact existed as to the amount owed on the open ac

  • Cendant Mobility Fin. Corp. v. Asuamah

    Publication Date: 2009-10-16
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David L. Rusnak Scoggins & Goodman, Atlanta, for appellant.
    for defendant: Ned Blumenthal, John G. Nelson, Weissman, Nowack, Curry & Wilco PC, Raymond S. Martin, Scott H. Michalove Raymond S. Martin PC, and Leon A. Van Gelderen, Atlanta, for appellee.
    Case Number: S08G1958

    The negligent construction exception to caveat emptor exempts from the defense of caveat emptor only a negligence claim by a homeowner seeking recovery against the builder/seller of the home for lat

  • In re Anderson

    Publication Date: 2009-10-16
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    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Paula J. Frederick, General Counsel State Bar of Georgia, Atlanta. James E. Spence Jr. Wilson, Morton & Downs LLC, Decatur, for appellant.
    for defendant: Jeffrey S. Ward, Chairperson Review Panel, Brunswick.
    Case Number: S09Y1594

    An attorney, who paid himself a $30K fee from escrowed funds, even though the escrow agre clearly provided that he could not charge for his services, was disbarred with conditions on reinstat

  • Constantino v. Warren

    Publication Date: 2009-10-16
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Jerome J. Froelich Jr. McKenney & Froelich, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Amelia G. Pray, and Christopher W. Timmons, Assistant District Attorneys, Marietta, for appellee.
    Case Number: S09A1541

    O.C.G.A. § 17-6-1 does not provide for bail as a matter of right, except in misdemeanor