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  • Century Ctr. at Braselton LLC v. Town of Braselton

    Publication Date: 2009-05-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Michelle M. Rothenberg-Williams, Michael J. Bowers, Elizabeth R. Johnson, T. Joshua R. Archer Balch & Bingham LLP and Barry J. Armstrong McKenna, Long & Aldridge LLP for appellant.
    for defendant: . Laurel E. Henderson and Kelly M. Hundley Henderson & Hundley PC, Decatur, for appellees.
    Case Number: S09A0647

    The trial court did not err in granting sanctions under § 9-15-14, since the trial court found that the appellants' counsel knowingly and willfully presented an inaccurate and false survey in an ef

  • Anthony Hill Grading Inc. v. SBS Invest. Inc.

    Publication Date: 2009-05-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Andrew R. Diamond, Atlanta, for appellant.
    for defendant: Benjamin P. Erlitz, Atlanta, for appellee.
    Case Number: A09A0173

    The appellant failed to effect service under O.C.G.A. § 14-11-209 f through substituted service on the Georgia Secretary of State's office, since no evidence showed that the appellant sent two copie

  • Muskett v. Sketchley Cleaners Inc.

    Publication Date: 2009-05-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Charles E. Muskett, East Point, for appellant.
    for defendant: William H. Major III and Ryan J. Lucas Hawkins & Parnell LLP, Atlanta, for appellee.
    Case Number: A09A0238

    The trial court's charge concerning traversal of a static defect was legally and factually apposite under the present trip-and-fall case's circumstances and adjusted to the facts and evidence prese

  • Bollers v. Noir Enters. Inc.

    Publication Date: 2009-05-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Deborah M. Vaughan Novy, Jaymes & Vaughan, Marietta, for appellant.
    for defendant: . Henry M. Quillian III and Thomas J. Mihill Fellows LaBriola LLP, Atlanta, for appellee. Other party representation: Aaron P. Tady Smith, Gambrell & Russell LLP, Atlanta.
    Case Number: A08A1739 A08A1811

    The defendants' statement accompanying their summary judgment motion that they breached the contract when they failed to pay plaintiff and that there was a balance due was not an admission in ju

  • Lehman v. Keller

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Wendell E. Johnston Jr., Johnston, Wilkin & Williams, Augusta, for appellant.
    for defendant: . Mark B. Williamson Burnside Wall LLP, Augusta, for appellee. Other party representation: Carl P. Dowling McLeod & Dowling, Evans.
    Case Number: A09A0690

    The buyers' fraud claim failed because they could not establish an essential element-justifiable rel

  • Gettner v. Fitzgerald

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Amanda A. Farahany Barrett & Farahany, Atlanta, for appellant.
    for defendant: Paul J. Kaplan Alston & Bird LLP, Kenneth G. Menendez and Jeffrey R. Saxby Epstein, Becker & Green PC, Atlanta, for appellees.
    Case Number: A09A0155

    The evidence was sufficient to raise a jury issue on each essential element of the plaintiff's defamation claim-negligence or fault in the publication of a false defamatory statement and actual i

  • Nash v. Compass Bank

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Richard J. Storrs, Atlanta, for appellant.
    for defendant: . Sara L. Doyle and Allen A. Hendrick Holland & Knight LLP, Atlanta, for appellee.
    Case Number: A08A2374

    The appellee showed that the partially completed office park at issue sold for its true value of $2.6 during a foreclosure sale, after the appellant defaulted on a $3.5M

  • Rey Coliman Contractors Inc. v. PCL Constr. Servs. Inc.

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Andrew R. McBride Swift, Currie & Hancock LLP, Atlanta, for appellant.
    for defendant: Thomas A. Nash Jr., Savannah, and J. Andrew Williams Moye, O'Brien, O'Rourke, Hogan & Pickert, Maitland, Fla., for appellee.
    Case Number: A09A0106

    The general contractor's failure to post a copy of the Notice of Commencement on the project site did not render the provisions of O.C.G.A. § 44-14-361.5 inapplicable to the subcontractor's material

  • Hooten v. Thomas

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Julius M. Hulsey and Jane A. Range Hulsey, Oliver & Mahar, Gainesville, for appellant.
    for defendant: . Hilliard P. Burt Burt & Burt PA, Albany, for appellees.
    Case Number: A08A2072

    The Dougherty county taxpayers at issue here, who disputed the tax reevaluation of their real property for the 2007 tax year, had an adequate remedy at law before the Board of Tax Equalization "BOE"

  • Parks v. Thompson Builders Inc.

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Allan E. Alberga, Atlanta, for appellant.
    for defendant: Daniel S. Digby, Conyers, for appellee.
    Case Number: A08A2202

    Since the parties' real estate contract was u ceable, the provision barring the return of the plaintiff's earnest money, if she failed to exercise due diligence in pursuing financing, was also