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Publication Date: 2002-10-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Robert J. Wilson Webb, Tanner & Powell LLP, Lawrenceville, for appellant.
for defendant: . John J. Maurer Stevens & Assocs., Atlanta, James B. McClung, Duluth, and Susan M. Garrett, Decatur, for appellees.
Case Number: A02A0980
A provision in a real estate sales contract which provided for the reservation of a right-of-way did not survive the closing where the seller deeded the entire lot to the defendant without reservat
Publication Date: 2002-10-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Victor L. Moldovan Phears & Moldovan, Norcross, for appellant.
for defendant: Thurbert E. Baker Jr., Attorney General, Robert S. Bomar, Deputy Attorney General, Harold D. Melton, Senior Assistant Attorney General, Sidney R. Barrett Jr., Assistant Attorney General, Thomas D. Watry, John H. Parker Jr. Parker, Hudson, Rainer & Dobbs, Atlanta, and James E. Reynolds Jr. Perry, Walters & Lippitt, Albany, for appellees. Other party representation: Michael B. Terry, Corey F. Hirokawa Bondurant, Mixson & Elmore LLP, Vicky O. Kimbrell, Lisa J. Krisher, Phyllis J. Holman, Atlanta, and Paula C. Goedert Jenner & Block LLC, Chicago, Ill.
Case Number: A02A1836
The Department of Community Health, Division of Health Planning rules providing that an ambulatory surgery center engaged in the practice of general surgery does not qualify for the statutory single
Publication Date: 2002-10-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Robert M. Dyer Robert M. Dyer & Assoc., Canton, for appellant.
for defendant: . Richard A. Jones Abernathy & Ballinger, Canton, Michael J. Bowers and David J. Marmins Meadows, Ichter & Trigg PC, Atlanta, for appellee.
Case Number: A02A1272
Under a strict reading of a subdivision's restrictive covenants, the defendant could not be enjoined from placing real estate signs on other property owner's
Publication Date: 2002-10-11
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Mark P. Groves Groves Bus. Assocs. and John D. Thalhimer, Marietta, for appellant.
for defendant: Thomas E. Cauthorn III and Melissa M. Nohr Cauthorn & Nohr, Marietta, for appellee.
Case Number: S02A1200
The trial court properly reformed a real estate lease after determining through parol evidence that the parties intended the rent to be $135 per week during the second lease term, rather than $135 p
Publication Date: 2002-10-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Donald L. Mize, Marietta, for appellant.
for defendant: John H. Moore and Amy K. Weber Moore, Ingram, Johnson & Steele, Marietta, for appellee.
Case Number: A02A1899
Non-privileged writings and statements authorized the jury to find that plaintiff's brother falsely and maliciously impugned plaintiff's title to 38.6 acres of
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Publication Date: 2002-10-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Michael E. Sumner, Newnan, for appellant.
for defendant: . Howell Hollis III Smith, Helms, Mulliss & Moore LLP, Atlanta, for appellee.
Case Number: A02A1358
The fair market value of partially developed realty could be determined by using a bulk sale ana
Publication Date: 2002-10-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ruffin, John H.
Attorneys: For plaintiff: Millard C. Farmer Jr., Atlanta, for appellant.
for defendant: Emory L. Palmer, Christine L. Mast, H. Lane Young II Hawkins & Parnell, Atlanta, G. Robert Oliver and Anne M. Zavala-Moushey Oliver, Duckworth, Sparger & Winkle PC, Jonesboro, for appellees.
Case Number: A02A0948
A jury issue remained as to whether the individual defendants tortiously interfered with the plaintiff's employment contract by soliciting her to engage in criminal activity and causing her terminat
Publication Date: 2002-09-27
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Kenneth P. Johnson and Carl S. Pedigo Jr. McCorkle, Pedigo & Johnson LLP, Savannah, for appellant.
for defendant: Dwight T. Feemster and Matthew M. Bush Duffy, Feemster & Lewis, Savannah, for appellee.
Case Number: S02A1073
Provision in property settlement agreement requiring ex-husband to pay ex-wife up to $50,000 of the net proceeds from the sale of the marital home or on April 1, 2001, was ambiguous, but enforc
Publication Date: 2002-09-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Karla Y. Vogel, Decatur, for appellant.
for defendant: Jon A. Green, College Park, and Brian D. Clune UFCW Legal Defense Fund, Atlanta, for appellees.
Case Number: A02A1849
The trial court abused its discretion in setting aside the judgment for defendant following a bench trial where the plaintiffs received actual notice of the trial date and their counsel appeared on
Publication Date: 2002-09-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Clifton Boone, Warner Robins, for appellant.
for defendant: Douglas M. Robinson Dever & Merlin LLC, Atlanta, for appellees.
Case Number: A02A1709
Defendant could not maintain a claim against defendants for tortiously interfering with his oral right to a percentage of money due under a promissory note because he was not a party to the note and
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