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Publication Date: 2004-04-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: John R. Grimes Lefkoff, Duncan, Grimes & Miller, Atlanta, for Cistola. Robert K. Woo Jr. King & Spalding, Atlanta, and Frederick E. Link Hartness & Link, Gainesville, for Daniel and others. Frank Armstrong III Stewart, Melvin & Frost, Gainesville, for Odegaard and others.
for defendant:
Case Number: A03A2482; A03A2483
The defendants were not entitled to a directed verdict on the plaintiff's fraud claim arising from his execution of a "corrective" quitclaim deed at the request of the defendants' real estate agent
Publication Date: 2004-04-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Lynn M. Roberson Swift, Currie, McGhee & Hiers, Atlanta, for appellant.
for defendant: John A. Roberts, Melanie A. Webre The Roberts Law Firm, Kenneth I. Sokolov Fine & Block, and Reginald L. Winfrey, Atlanta, for appellees.
Case Number: A03A1772
The plaintiff in the underling injury suit lacked standing to complain that insurer of the bar where he was injured did not provide a timely notice of its reservation of its rights to its in
Publication Date: 2004-04-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: G. Phillip Beggs and Amy K. Weber Moore, Ingram, Johnson & Steele LLP, Marietta, for appellant.
for defendant: Russell D. King and Patrick N. Millsaps Dupree, Poole & King, Marietta, for appellees. Other party representation: George L. Welborn Downey, Cleveland, Parker & Williams, Marietta.
Case Number: A03A2289
The damages awarded to the plaintiffs on their claims arising from the building of their home were within the range of the evidence because the contractor they hired to inspect the home provided a d
Publication Date: 2004-04-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: John A. Howard, Gregory F. Hartley, James H. Ludlam Burr & Forman LLP, Atlanta, and Robert E. Ridgway Jr., Hartwell, for appellant.
for defendant: Julius M. Hulsey, Jane A. Range Hulsey, Oliver & Mahar, Gainesville, and Walter J. Gordon, Hartwell, for appellee.
Case Number: A03A2276; A03A2317
The severe restrictions on the use, ownership and operation of leased property indicated that the plaintiff's interest was a non-taxable usufruct, rather than a taxable estate for
Publication Date: 2004-04-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Mitchell D. Durham, Jimmy D. Berry and Cindi L. Yeager, Marietta, for appellant.
for defendant: Patrick H. Head, District Attorney, Dana J. Norman and Eleanor A. Dixon, Assistant District Attorneys, Marietta, for appellee.
Case Number: A03A2576
The testimony of the victims' parents and the victims' videotaped interviews were sufficiently reliable to authorize the admission of such evidence under the Child Hearsay St
Law Journal Press | Digital Book
Authors: Andrew J. Kyreakakis
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Publication Date: 2004-04-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: S. Lester Tate III Akin & Tate, Cartersville, for appellant.
for defendant: Bobby T. Jones Jones & Smith PC, Metter, and Samantha J. Poppell Hall & Kirkland, Statesboro, for appellee. Other party representation: Scott C. Crowley and Terry A. Dillard Dillard, Bower & Crowley, Waycross.
Case Number: A03A2451
The employer failed to present any evidence showing that its injured employee was fully and completely compensated when he settled his third-party tort action for damages arising out of an automobil
Publication Date: 2004-04-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Steven P. Gilliam and Robert A. Weber Smith, Gilliam, Williams & Miles PA, Gainesville, for appellant.
for defendant: Daniel MacDougald III Butler & MacDougald PC, Atlanta, and Robert Underwood, Carthage, Texas, for appellees.
Case Number: A03A2026
The employer had no workers' compensation subrogation right to the employee's third-party settlement where the employee was injured in an accident in Georgia and the workers' compensation benefits w
Publication Date: 2004-04-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Christopher T. Adams, Lawrenceville, for appellant.
for defendant: Daniel J. Porter, District Attorney, Lawrenceville, for appellee.
Case Number: A04A0019
The defendant failed to show that his counsel was ineffective in admitting his guilt on certain lesser offenses during opening statements in an attempt to "minimize" the state's
Publication Date: 2004-04-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Roy L. Dykes, Unadilla, proceeded pro se. Kenneth W. Mauldin, District Attorney, and Edward H. Brumby Jr., Assistant District Attorney, Athens, for appellee.
for defendant:
Case Number: A03A2053
The defendant was not entitled to an out-of-time appeal of his 1986 conviction for financial transaction card fraud because the record showed that he slept on his appellate r
Publication Date: 2004-04-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Gerald N. Blaney Jr., Solicitor, Jeffrey P. Kwiatkowski, Chief Assistant Solicitor, Gary S. Vey, Assistant Solicitor, and Jennifer L. White Gwinnett City Solicitor's Office, Lawrenceville, for appellant.
for defendant: Gregory A. Willis, Atlanta, for appellee.
Case Number: A03A2457
The trial court erred in suppressing evidence and statements obtained prior to the defendant's arrest for speeding and DUI due to the lack of a Miranda warning because the circumstances of the traff
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