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  • Herrman v. Cohen

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Arthur J. Shelfer Jr., Thomasville, for appellant.
    for defendant: T. Mark Thedieck, Thomasville, for appellees.
    Case Number: A01A1439

    The trial court did not abuse its discretion in failing to sua sponte enforce its order compelling discovery in the absence of a motion for sanctions under O.C.G.A. § 9-11

  • Kreimer v. Kreimer

    Publication Date: 2001-09-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Stanley E. Kriemer Jr., Atlanta, proceeded pro se. Elizabeth G. Lindsey Davis, Matthews & Quigley, Hugh C. Wood and L. Jack Swertfeger Jr. Swertfeger & Wood LLP, Atlanta, for appellee.
    for defendant:
    Case Number: S01A0630

    The trial court properly construed a provision in the es' divorce agreement which required the transfer of publicly traded stock to the wife as including only those stocks which were held in th

  • Harvey v. Lindsey

    Publication Date: 2001-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joseph I. Carter, Tifton, for appellant.
    for defendant: . Joseph B. Gray Jr. Simpson & Gray, Tifton, for appellee.
    Case Number: A01A1236

    The trial court did not impermissibly modify its previous order relating to certain access easements by clarifying its order to detail the easement boundaries which were established by deed or

  • Smith v. Georgia Asset Properties

    Publication Date: 2001-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Leonard E. Smith, College Park, proceeded pro se. Bradley A. Hutchins Proctor & Chambers, Benjamin I. Fink, Aaron B. Chausmer and Kenneth A. Hindman Freed & Berman PC, Atlanta, for appellees.
    for defendant:
    Case Number: A01A0996

    Plaintiff's second complaint purporting to initiate an action against defendants was a nullity because it had the same file number as his original complaint which he voluntarily dismissed and there

  • Lovell v. Hartness

    Publication Date: 2001-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Theodore W. Robinson Carey, Jarrard & Walker, Gainesville, for appellant.
    for defendant: . Seean A. Black, Toccoa, and Cadman R. Kiker Jr., Clarkesville, for appellee.
    Case Number: A01A1072

    The property between plaintiff's subdivision lot and the golf course could not be developed for residentia

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    Authors: Jerome G. Snider, Howard A. Ellins, Michael S. Flynn

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  • Sheridan v. Crown Capital Corp.

    Publication Date: 2001-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Van C. Wilkes, Carrollton, for appellant.
    for defendant: Mitchel S. Foster Foltz Martin LLC, Shawn D. Stafford, Atlanta, and Griffin E. Howell III, Solicitor, Griffin, for appellee.
    Case Number: A01A1675

    The developer could not use an inspection clause to terminate a commercial real estate sales agreement because it did not perform an inspection to determine if development of the property was fea

  • Little Tallapoosa Dev. Inc. v. Baldwin Paving Co. Inc.

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gregory E. Stuhler, Norcross, for appellant.
    for defendant: . Sean L. Hynes Downey & Cleveland, Marietta, for appellee.
    Case Number: A01A1263

    Plaintiff's default judgment against the contractor was prima facie evidence that plaintiff furnished labor and materials to improve the liened pro

  • Swain v. State

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Gwendolyn R. Keyes, Solicitor General, and Frank M. Gaither Jr. The Gaither Law Group LLC, Decatur, for appellee.
    Case Number: A01A1018

    The trial court was not bound by the ALJ's decision during defendant's license suspension hearing that she did not refuse to submit to chemical te

  • Sun-Pacific Enters. Inc. v. Girardot

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David H. Flint, Nathan M. Wheat and Timothy C. Batten Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: Mark A. Baker, Atlanta, for appellees.
    Case Number: A01A1288

    Def s' promise not to develop an adjoining subdivision lot survived the closing of plaintiffs' lots despite a merger clause in their sales contract because plaintiffs detrimentally relied on de

  • Thakkar v. St. Ives Country Club

    Publication Date: 2001-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: James L. Paul and Matthew J. McCoyd Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: Lance P. McMillian Nelson, Mullins, Riley & Scarborough, Atlanta, for appellee.
    Case Number: A01A1569

    The trial court properly awarded the replacement cost of plaintiff's pine trees that defendant admittedly cut down to improve his view of plaintiff's golf c