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  • Jordan v. The Georgia Bd. of Pub. Safety

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Michael Weinstock, Richard J. Capriola and Jet Harris Weinstock & Scavo PC, Atlanta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Bruce M. Edenfield and Evan R. Mermelstein Gray, Hedrick & Edenfield LLP, Atlanta, for appellee.
    Case Number: A01A2141

    Although plaintiff couched his claim as a substantive due process violation that deprived him of a constitutionally protected liberty interest, he was attempting to assert a claim for violation of a

  • Mills v. Parker

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: James F. Stovall III King, Taylor & Stovall PC, Tucker, for appellant.
    for defendant: Daniel I. MacIntyre IV and Samuel T. Brannan III Shapiro Fussell Wedge, Atlanta, for appellee. Other party representation: Horatio O. Edmondson, Atlanta.
    Case Number: A01A1984

    Defendant's allegedly contradictory responses in her verified answer and responses to requests for admissions regarding whether she held marketable title to certain property could have been based on

  • Few v. Capitol Materials Inc.

    Publication Date: 2002-01-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Terrence L. Croft King & Croft, Atlanta, for appellant.
    for defendant: Ira L. Rachelson and Lesley Annis Rachelson & White, Atlanta, for appellee.
    Case Number: S01G0498

    Plaintiff's failure to perfect its lien by commencing an action against the contractor as required by O.C.G.A. § 44-14-361.1 barred its recovery against the surety bond which defendant posted to sec

  • Focus Entertainment Int'l Inc. v. Partridge Greene Inc.

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Alan I. Begner, Cory G. Begner Begner & Begner PC, Atlanta, and Michael A. Prieto, Cartersville, for appellant.
    for defendant: . T. Michael Tennant, Elizabeth Bertschi and Daniel N. Esrey Alston & Bird, Atlanta, for appellee.
    Case Number: A01A2486

    An adult entertainment store had actual notice by rule nisi that an interlocutory hearing had been ordered on plaintiff's claim of breach of a restrictive covenant prohibiting the sale or display of

  • Licker v. Harkleroad

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Jeffrey H. Schneider Weissman, Nowack, Curry & Zaleon PC, Atlanta, for appellant.
    for defendant: . David H. Flint, Lynn C. Stewart Schreeder, Wheeler & Flint, Atlanta, and Gerald Davidson Jr. Anderson, Davidson & Tate, Lawrenceville, for appellees.
    Case Number: A01A1221

    Amendments to a subdivision's restrictive covenants which allowed for the commercial use of less than all of the lots were invalid without the consent of the adversely affected property owners beca

  • Law Journal Press | Digital Book

    Intellectual Property Law: Commercial, Creative and Industrial Property

    Authors: Jay Dratler, Jr., Professor Stephen M. McJohn

    View this Book

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  • Cheek v. National Auto Sales Inc.

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Roy B. Roberts, Marietta, for appellant.
    for defendant: Michael C. Kendall Conoscienti, Storm & Kendall, Decatur, for appellee.
    Case Number: A01A2363

    Plaintiff did not exercise reasonable care for her own safety when she stepped under a chain stretched across the back of defendant's car lot without noticing an obvious hole in the pavement that wa

  • Parking Deck LLC v. Anvil Corp.

    Publication Date: 2002-01-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael Weinstock, Richard J. Capriola and Jennifer E. Butler Weinstock & Scavo PC, Atlanta, for appellant.
    for defendant: Philip S. Coe, Fayetteville, for appellee.
    Case Number: A02A1706

    Res judicata did not bar plaintiff's claim that it acquired easement rights in the defendant's parking

  • Hawthorne Grading and Hauling v. Rampley

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Anthony J. Morgese, Woodstock, for appellant.
    for defendant: Richard W. Calhoun and John K. Wells Brock, Clay, Calhoun, Wilson & Rogers PC, Marietta, for appellee.
    Case Number: A01A1900

    Under O.C.G.A. § 13-4-103 b, a creditor who knew there was a dispute as to the amount due on the debt could not avoid the defense of accord and satisfaction after the creditor accepted the debtor's

  • Lanier Home Ctr. Inc. v. Underwood

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Rex J. McClinton, Dawsonville, Nancy L. Richardson & D. Thomas LeFevre Stewart, Melvin & Frost LLP, Gainesville, for Lanier Home Ctr. Edmund A. Waller, Gainesville, for Underwood.
    for defendant:
    Case Number: A01A1012; A01A1013

    Plaintiffs did not acquiesce in the purchase of their home by continuing to live on the property while demanding rescission based on the failure of their septic tank s

  • Fairfax MK Inc. v. City of Clarkston

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: G. Douglas Dillard and Andrea C. Jones Dillard & Galloway LLC, Atlanta, for appellant.
    for defendant: . Theodore P. Meeker III Sanders, Haugen, Sears & Meeker PC, Newnan, and Laurel E. Henderson, Atlanta, for appellees.
    Case Number: S01A1274

    The trial court's order failed to specify which constitutional standard it applied to determine the constitutionality of a licensing ordinance preventing the building of a gas station within 500 fe