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  • Brandenburg v. All-Fleet Refinishing Inc.

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: H. Lane Young II, Ernest T. Brown and Paul M. Hawkins Hawkins & Parnell LLP, Atlanta, for Brandenburg. James W. Wallis Jr. and Kenneth A. Smith Smith, Wallis & Scott LLP, Carrollton, for All-Fleet Refinishing Inc.
    for defendant:
    Case Number: A01A1222; A01A1471

    Evidence of a contingency fee agreement without more was not sufficient to sustain an award of attorney's

  • Garrett v. Fleet Fin. Inc. of Ga.

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William A. Wehunt, Stockbridge, for Garrett. John G. Parker Paul, Hastings, Janofsky & Walker, and Eric J. Taylor Hunton & Williams, Atlanta, for Fleet Finance. James M. Poe, Lisa N. Higgins, James L. Creasy III Drew, Eckl & Farnham LLP, and Sean W. Conley, Atlanta, for Baggarly. Other party representation: Dana L. Jackel Awtrey & Parker, Larry W. Ramsey Jr., Charles W. Lane Lane & Lane, Marietta, and R. Wayne Bond Womble, Carlyle, Sandridge & Rice PLLC, Atlanta.
    for defendant:
    Case Number: A01A2018; A01A2019

    The 3-year statute of repose for claims based on recission under the Truth in Lending Act barred plaintiff's suit to set aside a second mortgage on his property more than four years after he closed

  • Bowen Builders Group Inc. v. Reed

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David C. Moss Mills & Moss LLC, Lawrenceville, for appellant.
    for defendant: . Shawn D. Stafford, Atlanta, and Timothy W. Hoffman, Decatur, for appellee.
    Case Number: A01A1009

    Conflicting evidence as to whether the defendant signed a contract in his representative capacity supported the court's judgment for the defendant in a bench

  • Perkins v. Georgia Dep't of Med. Assistance

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Ralph S. Goldberg, Decatur, for appellant.
    for defendant: . Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, and Per B. Normark, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A01A2505

    The trial court lacked subject matter jurisdiction over a plaintiff who failed to exhaust his administrative rem

  • Barnett Bank of S.E. Ga. v. Hazel

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kenneth R. Carswell, Jesup, for appellant.
    for defendant: James G. Johnson Jr., Jesup, for appellee.
    Case Number: A01A0868

    Defendant's failure to remove certain adverse information from plaintiff's credit report after agreeing in a prior court case to do so provided some evidence that defendant violated the Federal Fair

  • Law Journal Press | Digital Book

    Shareholder Derivative Litigation: Besieging the Board

    Authors: Ralph C. Ferrara

    View this Book

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  • Benton v. Savannah Airport Comm'n

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard N. Hubert Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, and Rebecca C. Benton, Pooler, for appellant.
    for defendant: . Steven M. Fincher Fincher & Hecht LLC, Morrow, Joseph P. Brennan Brennan & Wasden, and James B. Blackburn Wiseman, Blackburn & Futrell, Savannah, for appellee.
    Case Number: A01A1298

    Plaintiff's failure to purse their state inverse condemn claim within the 4-year statute of limit was fatal to their 42 USC § 1983 claim for the taking of property without just compens

  • Stover v. Tipton

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Oliver H. Doss Jr. Doss & Doss, Blue Ridge, for appellant.
    for defendant: . David E. Ralston, Blue Ridge, for appellees.
    Case Number: A01A1248

    Res judicata did not bar plaintiffs' claim that they acquired a prescriptive easement across defendants' private way because their cause of action did not arise until defendants attempted to obstruc

  • First Bancorp Mortgage Corp. v. Giddens

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gregg Loomis, Atlanta, for appellant.
    for defendant: John R. Lowery Pursley, Howell, Lowery & Meeks, Atlanta, for appellees.
    Case Number: A01A0870

    The trial court properly excluded evidence of other lawsuits filed against defendants alleging flip sales since admitting such evidence would likely have resulted in undue prejudice or confusion wh

  • White v. The Bd. of Comm'rs of McDuffie County, Ga.

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Ziva P. Bruckner and Paul H. Dunbar III Capers, Dunbar, Sanders & Bruckner, Augusta, for appellant.
    for defendant: . Peter R. Olson, G. Carey Nelson III Jenkins & Nelson, Cartersville, and Samuel A. Fowler Jr. Fowler & Wills, Thomson, for appellees.
    Case Number: A01A1509

    The plaintiffs failed to show that a conflict of interest influenced the County Board of Commissioners' decision to approve the County Development Authority's rezoning applic

  • Abellera v. Williamson

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Daniel S. Reinhardt and William M. Droze Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: . James L. Ford Sr. Ford & Barnhart LLP and Carl A. Crowley III Crowley, Appel, Starkey & Holdbrook, Atlanta, for appellees.
    Case Number: S00G1957

    In reversing the grant of summary judgment to defendants, the Court of Appeals failed to looked at other grounds raised by the defendants to determine if the trial court's judgment was right for any