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  • Weber Air Conditioning Inc. v. Triple-R Pooler Inc.

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Stanley E. Harris Jr. Karsman, Brooks & Callaway PC, Savannah, for appellant.
    for defendant: David H. Johnson and Amy E. Edgy McCorkle, Pedigo & Johnson LLP, Savannah, for appellees.
    Case Number: A00A0942

    Subcontractor that did not comply with notice of foreclosure requirements could not enforce its materialman's

  • Ryland Group v. Daley

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: F. Carlton King Jr. King & Craft, Atlanta, for appellant.
    for defendant: Richard J. Capriola and Jett Harris Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A00A1656, A00A1657

    The builder's refusal to repair the plain home until they released money held in escrow under the construction contract supported the award of bad faith attorneys' fees to plain

  • Smith v. Persichetti

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Russell L. Adkins Jr. Adkins & Whitfield, Marietta, for appellant.
    for defendant: Nisbet S. Kendrick III and Caroline K. Bell Womble, Carlyle, Sandridge & Rice, Atlanta, for appellees.
    Case Number: A00A0141

    Lessees were entitled to the return of a $125,000 payment to their lessor as the payment was not consideration for an option to purchase the property, but merely a down payment they were entitled to

  • B&R Realty Inc. v. Carroll

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard D. Tunkle English, Tunkle & Smith, Clayton, for appellant.
    for defendant: . Malcolm S. Campbell, Cornelia, and Sean A. Black, Toccoa, for appellees.
    Case Number: A00A0165

    Broker's express listing agreement with sellers precluded application of the common law "procuring cause" doctrine with regard to the broker's claim for a real estate commi

  • Time Warner Entertainment Co. LP v. Six Flags Over Ga. LLC

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Walter M. Britt Chandler & Britt, Ronald L. Reid Alston & Bird, Atlanta, Evan R. Chesler, Keith R. Hummel Cravath, Swaine & Moore, New York, for appellant.
    for defendant: . George W. Fryhofer III Butler, Wooten, Overby, Fryhofer, Daughtery & Sullivan, H. Lamar Mixon, Michael B. Terry, Nancy L. Johnson, Joshua F. Thorpe Bondurant, Mixson & Elmore, Atlanta, James E. Butler Jr., Albert M. Pearson III, Joel O. Wooten Jr., Cale H. Conley Butler, Wooten, Overby, Fryhofer, Daughtery & Sullivan, Columbus, for appellees. Other party representation: Gerald Davidson Jr. Anderson, Davidson & Tate, Lawrenceville.
    Case Number: A00A0120

    Theme park's general partner breached its fiduciary duty by making bad faith decisions as to the amount and type of capital improvements the theme park would re

  • Law Journal Press | Digital Book

    Hospital Liability

    Authors: James Walker Smith, J.D., LL.M., Ph.D.

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  • West v. Briggs & Stratton Corp.

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Alan Y. Salzman Montlick & Assocs. PC, Atlanta, and Robert P. Killian Lissner, Killian, Cunningham & Boyd, Brunswick, for appellant.
    for defendant: Mark S. Vanderbroek, David C. Vigilante and Thomas E. Reilly Troutman Sanders LLP, Atlanta, for appellee. Other party representation: Robert S. Reeves, Swainsboro, and Eric A. Brewton Shivers & Assocs., Alpharetta.
    Case Number: A00A0407

    A jury question remains as to whether owner relinquished control over premises where plaintiff was injured so as to relieve owner of liab

  • Remax N. Atlanta v. Clark

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael T. Thornton, Atlanta, for appellant.
    for defendant: . Clifford H. Hardwick, Roswell, for appellee. Other party representation: Seth G. Weissman and Vicki V. Mott Weissman, Nowack, Curry & Wilco, Atlanta.
    Case Number: A00A0624

    Home buyer could not recover damages from sellers' real estate agent for fraud related to concealed defects since agent's verbal statements were general statements of op

  • Williamson v. Abellera

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James L. Ford Sr. James Lee Ford PC, Carl A. Crowley III Starkey, Land & Crowley PC, Atlanta, for appellant.
    for defendant: . Daniel S. Reinhardt and William M. Droze Troutman Sanders, Atlanta, for appellees.
    Case Number: A00A0918

    Attorney could have foreseen that a tax-free exchange facilitator whom he recommended to his clients but with whom he was unfamiliar would abscond with his clients'

  • Humphrey v. State

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Bilbert J. Murrah, Bainbridge, for appellant.
    for defendant: Ben Kirbo Kirbo & Kendrick, Bainbridge, for appellee.
    Case Number: A00A0630

    Trial court should have disqualified part-time solicitor because his law partner was defendant's divorce attorney and both defendant's criminal case and his divorce involved his alleged drinking pro

  • Hess v. Textron Automotive Exteriors Inc.

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Van K. McCombs II, Jacksonville, Fla., for appellant.
    for defendant: George M. Peagler Jr., Americus, for appellees.
    Case Number: A00A0440

    Defendant failed to prove that it surrendered its premises to the plaintiff's employer on the day the plaintiff fell through a skylight while repairing defendant's