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  • Conex Freight Sys. Inc. v. Georgia Ins. Insolvency Pool

    Publication Date: 2002-03-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Fredric Chaiken Kaufman, Chaiken, Miller & Klorfein, Atlanta, for appellant.
    for defendant: Blakely H. Frye Gorby & Reeves, Atlanta, for appellee. Other party representation: Charles H. Van Freed & Berman, Jo Beth Earl Chambers, Mabry, McClelland & Brooks, Stuart S. Busby Bovis, Kyle & Burch, and Matthew G. Moffett Smith, Howard & Ajax, Atlanta.
    Case Number: A01A2429

    A California company's lease of an Atlanta facility provided some evidence that the company had an insurable interest in property permanently situated in Georgia so that the Georgia Insurers Insolve

  • Merritt v. State

    Publication Date: 2002-03-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Thomas S. Clegg and Jeanne M. Canavan, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A01A2474

    The state failed to prove that defendant was indicted for stealing his first victim's money within the applicable 4-year statute of limit

  • Yargus v. Smith

    Publication Date: 2002-03-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Peter L. Lublin, Monica K. Gilroy and Carol V. Clark McCalla, Raymer, Padrick, Cobb, Nichols & Clark LLC, Roswell, for appellant.
    for defendant: Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, John C. Pennington and Ernest M. Moran, Atlanta, for appellees.
    Case Number: A02A0745

    A real estate purchase contract allowed the buyers to unilaterally extend the closing date to allow for the repair of defects uncovered by a home inspe

  • Delbello v. Bilyeu

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Joyce D. Colmar, Atlanta, for appellant.
    for defendant: Stephen J. Berk, Decatur, and James T. Farrell, Atlanta, for appellee.
    Case Number: S01A1733

    Some evidence supported a finding that certain estate assets consisting primarily of brokerage and bank accounts were included within the category of personal property devised to the decedent's dome

  • Benedict v. Snead

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Joseph H. King Jr., Atlanta, for appellant.
    for defendant: Donald L. Cook McGee & Oxford, and Dennis J. Webb Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellees.
    Case Number: A01A1832

    Res judicata barred plaintiff's amended complaint asserting a claim for return of his earnest money because he was attempting to re-litigate a claim between the parties concerning the same subject m

  • Law Journal Press | Digital Book

    Law and Practice of Secured Transactions: Working with Article 9

    Authors: Richard F. Duncan, William H. Lyons, Catherine Lee Wilson

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  • Cody v. Coldwell Banker Real Estate Corp.

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Arthur F. Millard, Atlanta, for appellant.
    for defendant: James F. Stovall III King, Taylor & Stovall PC, Tucker, and Charles B. Walters Jr. Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellees.
    Case Number: A01A1846

    The plaintiff unreasonably delayed transmission of the appellate record by filing an unsupported affidavit of indigence, failing to appear at the hearing to address her indigence claim and waiting

  • Ainsworth v Perreault

    Publication Date: 2002-02-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John A. Howard Burr & Forman LLP, and Mark D. Gropp Wasson, Sours & Harris PC, Atlanta, for appellant.
    for defendant: . Bradley A. Hutchins and Robert J. Proctor Proctor & Chambers, Atlanta, for appellees.
    Case Number: A01A1898

    The sellers did not fraudulently conceal a defect in their home by failing to disclose prior satisfactory re

  • Baker v. Brannen/Goddard Co.

    Publication Date: 2002-02-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James L. Paul and Matthew J. McCoyd Chamberlain, Hrdlicka, White & Williams, Atlanta, for appellant.
    for defendant: Jessica F. Pardi, Lewis E. Hassett, Jennifer L. McKernan Morris, Manning & Martin, Atlanta, and Perry A. Phillips, Marietta, for appellees. Amicus appellees: Steven D. Caley and Seth G. Weissman Weissman, Nowack, Curry & Wilco, Atlanta.
    Case Number: S01G0920

    A limited partnership's agreement to pay real estate commi was strictly divisible for statute of limitation purposes because the agreement provided for payment of an indefinite amount of comm

  • Lakeside Invs. Group Inc. v. Allen

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephen P. Fuller Davidson & Fuller, Duluth, for appellant.
    for defendant: Ronald F. Negin, Paul B. Frickey and John P. O'Brien Thompson, O'Brien, Kemp & Nasuit PC, Norcross, for appellee.
    Case Number: A01A1685

    A broker's alleged misrepresentations about the zoning status of certain property could not serve as basis for a fraud action because the property's zoning status was a matter of law and public r

  • Williams v. Park Walk Apartments LP d/b/a Park Walk Apartments

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Joseph M. Todd, Jonesboro, for appellant.
    for defendant: Jerald R. Hanks, Atlanta, for appellee.
    Case Number: A01A2022

    Plaintiff's statement in her summary judgment affidavit that she stepped off the sidewalk at her apartment complex because the sidewalk was icy contradicted her deposition testimony that she cut acr