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  • Walden v. Smith

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Ross L. Hatcher III Hatcher, Johnson, Meaney & Gothard, PLLC, Chattanooga, Tenn., for appellant.
    for defendant: . Christopher L. Corbin Farrar & Farrar, Summerville, for appellee.
    Case Number: A00A2558

    An alleged oral modification of an expired real estate contract was unenforceable under the statute of f

  • Ford v. Smith

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Philippa V. Tibbs Owen, Gleaton, Egan, Jones & Sweeney and Charles M. Goetz Jr. Goetz, Tibbs & Zahler, Atlanta, for appellant.
    for defendant: John T. Sparks Austin & Sparks, PC, John G. Malcolm and Robert F. Schroeder Malcolm & Schroeder, LLP, Atlanta, for appellees.
    Case Number: A01A0802

    The trial court erred in granting summary judgment to the plaintiffs after granting them a new trial in their negligence suit against the defendant because material issues of fact rem

  • Luck v. Regions Bank

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: James R. Whitfield and Russell L. Adkins Jr. Adkins & Whitfield, Marietta, for appellant.
    for defendant: John T. Brown, Commerce, and Ellisa Garrett, Athens, for appellees.
    Case Number: A00A2419

    The trial court erred in granting defendants' motions for judgment notwithstanding a mistrial in the plaintiff's suit for conversion and breach of contract because conflicts in the evidence rem

  • City of Atlanta v. TAP Assocs.

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Susan P. Langford, City Attorney, David D. Blum and Lemuel H. Ward City of Atlanta Law Dep't, Atlanta, for appellant.
    for defendant: . Wyckliffe A. Knox Jr., Michael E. Brooks Kilpatrick Stockton LLP, Susan M. Pruett, Atlanta, Robert L. Zoeckler, Thomas A. Bowman, John A. Nix Maddox, Nix, Bowman & Zoeckler, Conyers, for appellee.
    Case Number: S00A2086

    City's all-residential zoning of plaintiff's property was justified by the public valid interest in protecting city's neighbor

  • Jordan v. Tri County Ag Inc.

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William J. Sizemore and Kermit S. Dorough Jr. Divine, Dorough & Sizemore, Albany, for appellant.
    for defendant: Benjamin F. Easterlin IV and Shannon F. Cox King & Spaulding, Atlanta, for appellee.
    Case Number: A00A2470

    Plaintiff's error in charging excessive interest on a debt was caused by a glitch in plaintiff's software, rather than intentional

  • Law Journal Press | Digital Book

    Infobeans cogito test

    Authors: Stephen Fishman

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  • Georgia Farm Bureau Mut. Ins. Co. v. Gaster

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mason White and Hames D. Kreyenbuhl Brennan, Harris & Rominger, Savannah, for appellant.
    for defendant: R. Stephen Sims Barrow & Sims PC and John G. Hunter, Savannah, for appellees.
    Case Number: A00A2252

    The business pursuits exclusion in defendant's homeowner's policy did not preclude coverage for the injury her client sustained when he fell on a step-down into her living room because her maintenan

  • Cody v. Caldwell Banker Real Estate Corp.

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Arthur F. Millard, Atlanta, for appellant.
    for defendant: Charles B. Waters Jr., Alicia E. Coleman Weissman, Nowack, Curry & Wilco PC, Atlanta, and James F. Stovall III King, Taylor & Stovall PC, Tucker, for appellee.
    Case Number: A00A2352

    The trial court dismissed the appeal without making the necessary findings that the delay in filing the transcript was unreasonable, inexcusable and caused by the appe

  • Ellerbee v. Hawes

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert J. Huff, Watkinsville, for appellant.
    for defendant: James C. Warnes II, Athens, for appellees.
    Case Number: A01A0116

    Defendant lacked standing to maintain his counterclaim for amounts allegedly due under the parties' lease/purchase agreement because defendant assigned his interests in that agreement to a third

  • Rolison v. Georgia Cent. Ry. LP

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Malcolm F. Bryant Jr., Vidalia, for appellant.
    for defendant: . Curtis V. Cheney Jr. Cheney & Cheney, Reidsville, and William R. Rice Newton, Smith, Durden, Kaufold, Rice & Tribble, Vidalia, for appellee.
    Case Number: S00A1761; S00A1762

    Railroad's right-of-way was not presumed to be the maximum width allowed by law because defendants presented evidence which put the width of the right-of-way in que

  • Crosby v. Kendall

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Louis K. Polonsky and Matthew D. Crosby, Atlanta, for appellant.
    for defendant: Taylor W. Jones and Jenny E. Jensen Taylor W. Jones & Assocs., Atlanta, for appellees.
    Case Number: A00A2503

    Any error in the trial court's charge that an attorney acting as an escrow agent must meet the standards of the legal profession was harmless because the evidence demanded a finding that the defendi