• Neely Dev. Corp. v. Sevice First Invs. Inc.

    Publication Date: 2003-05-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: F. Edwin Hallman Jr. and Harry K. Buttermore III Decker, Hallman, Barber & Briggs, Atlanta, for appellant.
    for defendant: Emory L. Palmer, H. Lane Young II Hawkins & Parnell, and Glenn A. Delk Lightmas & Delk, Atlanta, for appellee.

    Case Number: A03A1291

    Defendant's obligation to execute a restrictive covenant survived the parties' real estate closing where they executed an Addendum and Acknowledgement, which expressly and unambiguously provided tha

  • D. G. Jenkins Homes Inc. v. Wood

    Publication Date: 2003-05-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert J. Wilson Webb, Tanner & Powell LLP, Lawrenceville, for appellant.
    for defendant: Douglas N. Fox Peevy & Lancaster PC, Lawrenceville, for appellees.

    Case Number: A03A1120

    The defendant was entitled to a directed verdict on laintiffs' claims for negligent construction, negligent design and negligent reconstruction since laintiffs failed to show an interest i

  • Smiley v. S & J Invs. Inc.

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Thomas A. Nash Jr., Savannah, for appellant.
    for defendant: . Glen M. Darbyshire Inglesby, Falligant, Horne, Courington & Chisholm, Maury B. Rothschild, Savannah, and Ryburn C. Ratterree Ellis, Painter, Ratterree & Bart, Savannah, for appellees.

    Case Number: A02A1949

    The plaintiffs could not sue an engineer consulting group hired by a real estate seller for negligent representation because plaintiffs lacked privity with the engi

  • Thomas v. B & I Lending LLC

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: L. Matt Wilson and Anthony O. Lakes The Wilson Law Firm PC, Atlanta, for appellant.
    for defendant: Frank M. Lowrey IV Bondurant, Mixson & Elmore, Atlanta, Lisa A. Schmidt and Zoe A. Forrester Richards, Layton & Finger, Wilmington, De., for appellees.

    Case Number: A02A2162

    Defendants did not have a reasonable opportunity to file suit first as provided for in the parties' Standstill Agre

  • Burchette v. State

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Philip C. Smith, District Attorney, Rand J. Csehy and Penny A. Penn, Assistant District Attorneys, Cumming, for appellee.

    Case Number: A02A2236

    Defendant was angry with the victims for failing to return his earnest money and he was the only person inside or near the victims' house when the intentionally set fire

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  • Griffin v. Fowler

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James W. Ott, Atlanta, for appellant.
    for defendant: Christine L. Mast, Emory L. Palmer Hawkins & Parnell, and David E. Allman, Atlanta, for appellees.

    Case Number: A02A1853

    The plaintiff's for breach of fiduciary duty failed because it was duplicative of his legal malpractice

  • Bloodworth v. Bloodworth

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ronald C. Thomason and Blake E. Lisenby Arnall, Golden & Gregory LLP, Macon, for appellant.
    for defendant: . Lawrence C. Walker Jr. Walker, Hulbert, Gray, Byrd & Christy LLP, Perry, for appellees.

    Case Number: A03A0212

    A jury must decide whether the co-executors breached their fiduciary duties and whether they committed constructive fraud or engaged in conspiracy under OCGA § 23-2-53, when they sold their mother's

  • First Nat'l Bank of Polk County v. Carr

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert G. Brazier, Gregory G. Schultz and Seaton D. Purdom Gambrell & Stolz, Atlanta, for appellant.
    for defendant: Eldon L. Basham and Susan S. Stuart Moore, Ingram, Johnson & Steele, Marietta, for appellees. Other party representation: Sherri L. Dillard-Doss, Blue Ridge.

    Case Number: A02A1816

    There was no mutual mistake of fact regarding property pledged for a loan where the property owners were aware that their home was not situated on the pledged

  • Price v. Currie

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James G. Tunison Jr., Valdosta, for appellant.
    for defendant: . George R. Lilly II Alexander & Vann, Thomasville, for appellees.

    Case Number: A02A2248

    The plaintiff filed suit more than two years after the defendants allegedly misdiagnosed her medical cond

  • Savage v. KGE Assocs. Ltd. Partnership

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: W. Ray Persons King & Spaulding, Atlanta, Mitchell Berger, William E. Slade and Michael T. Wood Patton & Boggs, Washington, D.C., for appellant.
    for defendant: . Geoffrey H. Cederholm Miller & Martin LLP, Atlanta, for appellee.

    Case Number: A02A2316; A02A2317

    The trial court erred in applying the passive concealment doctrine to the plaintiff's fraud claim regarding the discovery of a covered-over, non-hazardous dump on land purchased from the defendants