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  • Savage v. KGE Assocs. Ltd. Partnership

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: W. Ray Persons King & Spaulding, Atlanta, Mitchell Berger, William E. Slade and Michael T. Wood Patton & Boggs, Washington, D.C., for appellant.
    for defendant: . Geoffrey H. Cederholm Miller & Martin LLP, Atlanta, for appellee.
    Case Number: A02A2316; A02A2317

    The trial court erred in applying the passive concealment doctrine to the plaintiff's fraud claim regarding the discovery of a covered-over, non-hazardous dump on land purchased from the defendants

  • Thomas v. B & I Lending LLC

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: L. Matt Wilson and Anthony O. Lakes The Wilson Law Firm PC, Atlanta, for appellant.
    for defendant: Frank M. Lowrey IV Bondurant, Mixson & Elmore, Atlanta, Lisa A. Schmidt and Zoe A. Forrester Richards, Layton & Finger, Wilmington, De., for appellees.
    Case Number: A02A2162

    A Standstill Agreement's provision giving the defendants the right to file litigation first could not be construed to run forever, so a factual determination must be made as to whether the defendant

  • Rasch v. State

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Colin A. Fieman and Debra M. Finch University of Ga. Legal Aid Clinic, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, John A. Pursley, Assistant District Attorney, Athens, Thurbert E. Baker Jr., Attorney General, Michael E. Hobbs, Deputy Attorney General, and Kimberly L. Schwartz, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A02A2345

    Defendant took money from investors with knowledge that the investors would not get what they intended-their inves and an annual return on that inves

  • Williams v. State

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Dwight L. Thomas and Jo Ann Fields, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A01A0908

    Under the circumstances of defendant's case, the 26-month delay between the filing of the indictment against him and the filing of his motion for discharge did not constitute a denial of his right t

  • Mulligan v. Alta Anesthesia Assocs. of Ga. PC

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John C. Butters, Suches, Kevin Gough, Brunswick, and Tony G. Powers Rogers & Hardin, Atlanta, for appellant.
    for defendant: . John E. Bumgartner Welchel, Brown, Readdick & Bumgartner and Wallace E. Harrell Gilbert Harrell Gilbert Sumerford Martin, Brunswick, for appellees.
    Case Number: A02A1992

    The plaintiff's restraint of trade claim was not recognizable as a separate cause of action in the absence of a consp

  • Law Journal Press | Digital Book

    Appellate Practice in Federal and State Courts

    Authors: David M. Axelrad

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  • Manning v. State

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Christopher G. Paul, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Mickey R. Thacker, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A02A2199

    The state failed to show that the pro se defendant voluntarily relinquished his right to co

  • Cline v. Lee

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Vickie L. Ford, Cartersville, and George T. Smith Browning & Tanksley LLP, Marietta, for appellant.
    for defendant: James F. Ledbetter, Calhoun, for appellee.
    Case Number: A02A2181

    Plaintiff's fraud claims against a developer for allegedly breaching his agreement not to become a competing builder in a residential subdivision project failed since the undisputed evidence showed

  • Griffin v. Greene County Hosp. Auth.

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Martin L. Fierman, Eatonton, for appellant.
    for defendant: Gary B. Blasingame, Athens, and Sean P. Dolan, Greensboro, for appellee.
    Case Number: A02A1900

    Evidence that the plaintiff opened her own practice three months after the termination of her employment contract supported the jury's verdict for only a portion of her guaranteed net income paymen

  • South v. Bank of Am.

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Matthew M. Bush Duffy & Feemster, Savannah, for appellant.
    for defendant: Kathleen Horne and Owen C. Murphy Inglesby, Falligant, Horne, Courington & Chisholm PC, Savannah, for appellee.
    Case Number: A02A2229

    No jury question remained as to whether a co-owner's telephone request to disburse funds from a jointly-owned certificate of deposit to her personal account was proper under O.C.G.A. § 7-1-816, wher

  • Kane v. Shoup

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Kevin B. Buice and Audrey M. Rabinowitz Pursley, Howell, Lowery & Meeks LLP, Atlanta, for appellant.
    for defendant: . Jane C. Taylor, Ellen L. Ash Goldner, Sommers, Scrudder & Bass, Matthew S. Coles and Samira Jones Smith, Gambrell & Russell LLP, Atlanta, for appellees.
    Case Number: A02A1786

    The plaintiffs filed suit more than two years after the defendants allegedly misdiagnosed their son's orthodontic con