• Krieger v. Speir

    Publication Date: 2002-05-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: S. Robert Hahn Jr., Norcross, for appellant.
    for defendant: Gary A. Barnes, John Hinton IV and Seaton D. Purdom Gambrell & Stolz LLP, Atlanta, for appellees.

    Case Number: A02A1164

    No genuine issue of material fact remained as to whether defendant transferred his interest in certain real property to his second wife with the intent to defeat the judgment against him since the u

  • Duffy v. The Landing Assoc. Inc.

    Publication Date: 2002-04-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Dwight T. Feemster and Matthew M. Bush Duffy, Feemster & Lewis, Savannah, for appellant.
    for defendant: . Thomas J. Mahoney Jr. Ranitz, Mahoney, Coolidge & Mahoney, John H. Oldfield Jr. Oldfield & Assocs., and Paul W. Painter Jr. Ellis, Painter, Ratterree & Bart LLP, Savannah, for appellees.

    Case Number: A01A2150

    Denial of class action certification against residential subdivision arising out of restrictive covenant requiring payment of a transfer fee to marketing company upon sale of residence justified sin

  • Culpepper v. Thompson

    Publication Date: 2002-04-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Leonard Farkas, Albany, for appellant.
    for defendant: Duke R. Groove Groover & Childs, Macon, for appellee.

    Case Number: A02A0887

    As an uncompensated officer of a non-profit farm bureau, defendant was immune from liability under O.C.G.A. § 51-1-20 for injuries alleged by plaintiff after defendant caused plaintiff to be transfe

  • The Phoenix Tower Inc. v. Shaffer

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John O. Sullivan and James B. Rhoads Burr & Forman LLP, Atlanta, for appellant.
    for defendant: Lawrence D. Kupferman and Terry-Dawn M. Thomas, Atlanta, for appellees.

    Case Number: A01A2439

    Defendant had constructive notice of plaintiff's right of first refusal to purchase leased property since defendant knew of the existence of plaintiff's lease and his conduct of business operations

  • Denton v. Browns Mill Dev. Co. Inc.

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Stephen E. O'Day and Andrew M. Thompson Smith, Gambrell & Russell, Atlanta, for appellant.
    for defendant: . Brendan H. Parnell, Neal J. Quirk and Kevin E. Quirk Quirk & Quirk PC, Atlanta, for appellees. Other party representation: Gerald R. Weber Jr., Robert L. Tsai American Civil Liberties Union, Robert S. Ukeiley Georgia Ctr. For Law in the Publ, Atlanta, and Kesler T. Roberts Georgia Legal Watch, Athens. Amicus appellee: H. Wayne Phears Phears & Moldovan, Norcross.

    Case Number: S01G0515

    The tort of trespass is not covered by Georgia's anti-SLAPP statute, O.C.G.A. § 9 .1.

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  • DI Unif. Servs. Inc. v. United Water Unlimited Atlanta LLC

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: George D. Wenick and James W. Copeland Smith, Currie & Hancock LLP, Atlanta, for appellant.
    for defendant: Richard A. Mitchell, Charles T. Huddleston and Andrew B. Flake Arnall, Golden & Gregory LLP, Atlanta, for appellee.

    Case Number: A01A2405

    The plaintiff was not entitled to summary judgment on its breach of contract claim since the defendant presented evidence that it substantially complied with the termination clause of the parties' a

  • Unified Gov't of Athens-Clarke County, Ga. v. Watson

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William C. Berryman Jr. McLeod, Benton, Lowery & Meeks, Athens, and Charles N. Pursley Jr. Pursley, Howell, Lowery & Meeks, Atlanta, for appellant.
    for defendant: J. Edward Allen Jr. and Richard L. Ford Jr. Fortson, Bentley & Griffin PA, Athens, for appellee.

    Case Number: A01A2441

    Evidence showing condemned property's close proximity to the University of Georgia and the city of Athens as well as the deteriorated nature of the immediately surrounding neighborhood allowed the

  • DeKalb County, Ga. v. C. W. Matthews Contracting Co. Inc.

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joan F. Roach, Chief Assistant County Attorney, Daniel S. Digby, Assistant County Attorney, Decatur, and Dana B. Miles Miles, McGoff & Moore LLC, Atlanta, for appellant.
    for defendant: William R. Johnson Moore, Ingram, Johnson & Steele, Marietta, for appellee.

    Case Number: A01A2361

    The trial court erred in granting summary judgment to contractor based on a statute of limitation defense without considering whether defendant fraudulently concealed that it punctured one of the c

  • GSW Inc. v. The Dep't of Natural Resources

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Linwood R. Lovett, Paul R. Ayerbe and Bridgette M. Cooper Lovett, Cowart & Ayerbe LLC, Macon, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, and Devon A. Orland, Assistant Attorney General, Atlanta, for appellees.

    Case Number: A01A1759

    O.C.G.A. § 50-13-19 h 1 allows a superior court to consider a claim raised in an administrative hearing that a statute is unconstitutional both on its face and as applied provided that the claim is

  • Pine Pointe Hous. LP v. Lowndes County Bd. of Tax Assessors

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thompson Kurrie Jr. and Edward F. Preston Coleman, Talley, Newbern, Kurrie, Preston & Holland, Valdosta, for appellant.
    for defendant: Walter G. Elliott II Elliott & Blackburn, Valdosta, for appellee. Other party representation: James F. Grubiak, Kelly J. Pridgen, Atlanta, Karen G. Thomas, Deputy County Attorney, and Michael P. Ludwiczak, Senior Assistant County Attorney, Lawrenceville.

    Case Number: A01A1825

    In determining the fair market value of a housing project for ad valorem tax purposes, the trial court properly considered the taxpayer's low-income housing tax credits under Section 42 of the Inter