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  • Hardwick v. Fortson

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Clifford H. Hardwick, Roswell, for appellant.
    for defendant: Render C. Freeman Anderson, Tate & Carr PC, Lawrenceville, for appellee.
    Case Number: A08A2262

    The parties' settlement agreement in bankruptcy court barred the trial court's award of fees against Ha

  • ABM Realty Co. v. Board of Regents of the Univ. Sys. of Ga.

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: David E. Betts Betts & Assocs., Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Eric A. Kane, Assistant Attorney General, Atlanta Kenneth L. Levy and Kenneth W. Carpenter Zachary & Seagraves PA, Decatur, for appellee.
    Case Number: A08A2195

    The trial court reversibly erred in charging the jury that difficulty relocating the business in the same general area was not a test for uniqueness when evaluating the availability of business loss

  • Crawford v. Lawyers Title Ins. Corp.

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John S. Crawford, Fort Meyers, Fla., for appellant.
    for defendant: Martha D. Turner and John H. Bedard Jr. Franzen & Salzano, Norcross, for appellee.
    Case Number: A08A2194

    The trial court erred in granting summary judgment to the title insurance company on the plaintiff's claim for reimbursement as a result of the fact that an easement unknown to her encumbered certa

  • Meadow Springs LLC v. IH Riverdale LLC

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William B. Brown and Jacqueline Marcucci Heyman & Sizemore LLC, Atlanta, for appellant.
    for defendant: David L. Pardue Adorno & Yoss LLC, and Christopher S. Badeaux Hartman, Simons, Spellman & Wood LLP, Atlanta, for appellees.
    Case Number: A08A2030

    It could not be said as a matter of law that the defendants would not be entitled to any equitable relief with respect to the property in question, so the property was involved in their suit complai

  • Bollers v. Noir Enters. Inc.

    Publication Date: 2009-03-27
    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

  • Hanson Staple Co. Inc. v. Eckelberry

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael P. Elkon and Erika C. Birg Seyfarth Shaw LLP, Atlanta, for appellant.
    for defendant: Arlene L. Coleman and Robert P. Catlin III Coleman & Dempsey, Atlanta, for appellee.
    Case Number: A08A2268

    The defendant breached no fiduciary duty owed to his former employer, since the record showed that the defendant did not inform the plaintiff's customers that he had left the plaintiff's employ and

  • Hunt v. Thomas

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael H. Cummings II, Clayton, for appellant.
    for defendant: Russell W. Smith, Toccoa, for appellee.
    Case Number: A08A2142

    The defendant waived his right to a hearing on the plaintiff's motion for partial summary judgment by stipulating that only remaining issue in case was attorneys' fees and expressly waiving hearing

  • Steele v. Pack

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Scott D. Bennett, Locust Grove, for appellant.
    for defendant: . Mary M. House Walker & House, Stockbridge, for appellees. Other party representation: John P. Webb, Stockbridge.
    Case Number: A08A2418

    The Court rejected the buyer's argument that the rezoning of the property in question did not meet the parties' agreed-to zoning contingency, since the buyer was responsible for pursuing the rezonin

  • Georgia Dep't of Revenue v. Trawick Constr. Co. Inc.

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Warren R. Calvert, Senior Assistant Attorney General, and Lourdes Gonzalez, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Robert G. Brazier and Michael S. Evans Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Atlanta, for appellee. Other party representation: Timothy J. Peaden Alston & Bird, Atlanta.
    Case Number: A08A2323

    The ALJ's role in an inter agency appeal arising from the assessment of additional taxes was to act as the representative of the Revenue Department and to make a recommendation to the commiss

  • Iwan Renovations Inc. v. North Atlanta Nat'l Bank

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Albert L. Norton Jr., Alpharetta, and Meredith W. Germain Norton & Assocs. PC, Marietta, for appellant.
    for defendant: . Mitchell S. Rosen Kitchens, Kelley & Gaynes PC, Atlanta, for appellee.
    Case Number: A09A0341

    The creditor was barred from pursuing a deficiency judgment, because the creditor failed to secure judicial confirmation of the foreclosure sale of the secured pro