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  • Pace Burt Inc. v. Dougherty County Bd. of Tax Assessors

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Hilliard P. Burt Burt & Burt PA, Albany, for appellant.
    for defendant: Julius M. Hulsey Hulsey, Oliver & Maher, Gainesville, and William S. Lee IV, Albany, for appellee.
    Case Number: A10A0688

    O.C.G.A. § 9-2-60's 5-year rule-providing for the automatic dismissal of any action or other proceeding where five years have passed since the entry of the last order in the case-applies to ad valo

  • Tackett v. Georgia Dep't of Corrections

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Donald C. English, McDonough, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Amy M. Cowart, Senior Assistant Attorney General, and Shelly S. Seinberg, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A10A0237

    The Department of Corrections' policy manual, governing employee promotions, demotions, transfers and salaries, did not constitute a written contract of emplo

  • Dennis v. State

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Bernadette C. Crucilla, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, and Sandra G. Matson Assistant District Attorney, Macon, for appellee.
    Case Number: A10A0272

    The evidence supported the defen aggravated assault convictions, because it showed that defendant participated in a gunfight which resulted in injuries to the victim, thereby authorizing defe

  • Grant v. State of Georgia

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Vincent D. Sowerby, Brunswick, for appellant.
    for defendant: Clara E. Bucci Prosecuting Attorneys' Council of Georgia, Pooler, for appellee.
    Case Number: A10A0017

    The trial court did not violate USCR 25.3, since the trial judge made determinations, on the record, that the defendant's recusal motion was untimely and his supporting affidavit was legally insuff

  • General Elec. Capital Corp. v. Browning Mulch Co. Inc.

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Camden B. Scearce Jr. Husch & Eppenberger LLC, CityplaceChattanoogaStateTenn.for appellant. Edward H. Warnock, McRae, for appellees.
    for defendant:
    Case Number: A10A0310

    The trial court erred in dismissing the plaintiff's claim, because the trial court could only dismiss without prejudice for failure to appear and no evidence in the record showed that the other part

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • Browning v. State

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Douglas P. Smith Public Defender's Office, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sarah G. Rivers, Assistant District Attorney, McDonough, for appellee.
    Case Number: A10A0027

    The trial court erred in ordering the defendant to pay $4.3K in restitution, because the state failed to prove the fair market value of the stolen ve

  • Adamson v. General Electric

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert C. Buck Childers, Buck & Schlueter LLP, David A. Webster, Wendell K. Willard, Atlanta, W. Benjamin Ballenger, Summerville, G. Patterson Keahey, Birmingham, Ala., and Gary M. DiMuzio, Houston, Texas, for appellant.
    for defendant: . John D. Dalbey, Amy E. Fouts Chilivis, Cochran, Larkins & Bever, Erin E. Shofner Hawkins & Parnell, Jennifer M. Techman Evert & Weathersby LLC, Robert A. Barnaby II Donahue, Nelson & Cohen LLC, Christopher G. Conley, Atlanta, and Nickolas P. T. Chilivis Cruser & Mitchell, Norcross, for appellees.
    Case Number: A09A2302

    In an asbestos case, the appellants' other evidence, based on the decedent's depositions and the depositions of several alleged co-workers, sufficiently specific to establish that the decedent

  • Citizens for Ethics in Gov't LLC v. The Atlanta Dev. Auth.

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John F. Woodham, Atlanta, for appellant.
    for defendant: . Cary Ichter, Patricia A. Roy Ichter Thomas LLC, Michelle L. Barnett Seyfarth Shaw LLP, Ashley F. Cummings Hunton & Williams, Thurbert E. Baker, Attorney General, Paul L. Howard Jr., District Attorney, Douglas P. Selby, Gregory M. Evans Jr. and James E. Dearing Jr., Atlanta, for appellees. Other party representation: Robert D. Feagin Martenson, Hasbrouck & Simon LLP, Atlanta.
    Case Number: A09A2105, A09A2312, A10A1040

    O.C.G.A. § 9-11-11.1 was not applicable in the instant case, because the intervenors' motions to quash were defensive in nature and not claims for the purposes of the anti-SLAPP st

  • Kitchens v. Brusman

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: David E. Betts Betts & Assocs. and Terrance C. Sullivan Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellant.
    for defendant: . Wayne D. McGrew III and Kim M. Ruder Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.
    Case Number: A09A1931

    The defendants' contention that the missing tissue block made from a surgical specimen taken from the decedent in October 1997 turned up missing on the same day that the individual defendant was ser

  • Employees' Retirement System of Georgia v. Harris

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Annette M. Cowart, Senior Assistant Attorney General, and Christopher A. McGraw, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Kurt R. Ward, Atlanta, and David B. Ross, Coudersport, Pa., for appellee.
    Case Number: A09A2376

    The trial court erred in finding that O.C.G.A. § 47-2-3 allowed for judicial review of disability retirement applications, because that section applied to employee arge and the plaintiff was no