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  • Corley Communications Inc. v. Northwinds Ctr. LP

    Publication Date: 2001-08-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gregory W. Lancaster Peevy & Lancaster PC, Lawrenceville, for appellant.
    for defendant: Victor L. Moldovan Phears & Moldovan, Norcross, Craig E. Bertschi and Burleigh L. Singleton Kilpatrick Stockton LLP, Atlanta, for appellees. Other party representation: John J. Geary Geary & Tucker, Kingston.
    Case Number: A01A1295

    A materialman's lien arising out of the installation of telephone, cable and data wiring on behalf of a lessee was unenforceable against the owner of the pro

  • McDonald Windward Partners LP v. Wenzhold LP

    Publication Date: 2001-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Bruce B. Weddell Burbage & Weddell LLC, Atlanta, for appellant.
    for defendant: Jay F. Castle Holt, Ney, Zatcoff & Wasserman, Atlanta, for appellee.
    Case Number: A01A0073

    A developer's third-party beneficiary breach of contract claim was not barred by O.C.G.A.§ 43-40-24 a because the developer was not seeking recovery of a commission which it did not earn as a licens

  • City of Roswell v. Outdoor Sys. Inc.

    Publication Date: 2001-07-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Richard A. Carothers and William M. Coolidge III Carothers & Mitchell LLC, Buford, for appellant.
    for defendant: . David H. Flint and Mark W. Forsling Schreeder, Wheeler & Flint LLP, Atlanta, for appellee. Amicus appellant: John V. Burch Bovis, Kyle & Burch, Susan M. Pruett, James F. Grubiak, Ted C. Baggett and Kelly J. Pridgen. Amicus appellee: H. Wayne Phears Phears & Moldovan, Norcross.
    Case Number: S01A0117

    City's 1-month moratorium on applications for billboard signs was a reasonable interim action to preserve the status quo after the city's sign ordinance was struck down as unconstitut

  • Bulloch South Inc. d/b/a Red Carpet Inn v. Gosai

    Publication Date: 2001-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Jesse C. Stone and Lance J. Hamilton Merrill, Stone & Hamilton LLC, Swainsboro, for appellant.
    for defendant: . Emmett L. Goodman Jr., Macon, for appellees.
    Case Number: A01A0591

    The parties option agreement was enforceable, even though it was included in the parties unenforceable sales agreement, because the 60-day option was based on separate consider

  • SKB Indus. Inc. v. Insite, A Div. Of Nu-Stone Surfacing Inc.

    Publication Date: 2001-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David H. Flint, Lynn C. Stewart, Timothy C. Batten and Mark W. Forsling Schreeder, Wheeler & Flint, Atlanta, for SKB Industries. Bruce C. Smith and William J. Sheppard Morris, Manning & Martin, Atlanta, for Insite.
    for defendant:
    Case Number: A01A0322; A01A0323

    Defendant was not entitled to pre-judgment interest on its unliquidated counter

  • Law Journal Press | Digital Book

    Infobeans cogito test

    Authors: Stephen Fishman

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  • Paul v. Destito

    Publication Date: 2001-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Rex M. Lamb III Smith, Gambrell & Russell, Michael T. Nations and David C. Nutter Nations, Toman & Nutter LLP, Atlanta, for Paul. Lawrence E. Newlin and Frank R. Olson, Atlanta, for Destito.
    for defendant:
    Case Number: A01A0185; A01A0186

    Trial court should have conducted a hearing on plaintiff's litigation expenses after it properly determined that the evidence did not support that portion of the jury's

  • Rosenheimer v. Tidal Constr. Co.

    Publication Date: 2001-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Eugene C. Brooks IV and Christopher M. Kessinger, Savannah, for appellant.
    for defendant: . Daniel C. Cohen, Ashlee H. Vaught Brannen, Searcy & Smith, Savannah, and Mark Cambron Brown, Todd & Heyburn, Louisville, Ky., for appellee. Other party representation: Michael L. Miller, Hall F. McKinley III Drew, Eckl & Farnham, Atlanta, and J. Scott Vaughn Royal & Vaughn, Savannah.
    Case Number: A01A0680

    The 4-year limitation period on plaintiffs' tort claims arising out of the use of synthetic stucco in the construction of their home did not begin to run before issuance of the certificate of occu

  • Harris v. Distinctive Builders Inc.

    Publication Date: 2001-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas C. Harney Kilpatrick Stockton LLP, Michael T. Carithers Love, Willingham, Peters, Gilleland & Monyak, Atlanta, for Harris. Craig A. Gillen Gillen, Cromwell, Withers & Brantley, Atlanta, for Dolive. Adam M. Gleklen and Michael Weinstock Weinstock & Scavo PC, Atlanta, for Distinctive Builders.
    for defendant:
    Case Number: A01A0665; A01A0666

    The parties did not enter into an enforceable real estate sales contract involving trust property because plaintiff's offer was conditioned on obtaining the co-trustee's signature and the co-truste

  • Board of Natural Resources of the State of Ga. v. Georgia Emissions Testing Co.

    Publication Date: 2001-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Robert S. Bomar, Deputy Attorney General, Isaac Byrd, Diane L. Deshazo and Timothy J. Ritzka, Assistant Attorneys General, Atlanta, for Natural Resources of the State of Ga. James D. Dantzler Jr., John P. Hutchins and Jill C. Kuhn Long Aldridge & Norman LLP, Atlanta, for Georgia Emission Testing Co.
    for defendant:
    Case Number: A01A0710; A01A0711

    Georgia's Motor Vehicle Emission Inspection and Maintenance Act does not prohibit the Board of Natural Resources from issuing rules prohibiting the use of mobile facilities to test the general p

  • American Global Dev. Group Inc. v. Sasser & Weatherford Inc.

    Publication Date: 2001-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Richard K. O'Donnell Menden & O'Donnell, Roswell, and G. Brian Raley The Raley Law Firm, Atlanta, for appellant.
    for defendant: . Donna W. Howell James S. S. Howell Law Offices, and Dennis K. Calhoun, Atlanta, for appellee.
    Case Number: A01A0007

    A separate created by the defendant to purchase property and build a hotel was entitled to a directed verdict in the plaintiff's suit for breach of a real estate contract because the separate