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Publication Date: 2007-09-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Kermit N. McManus, District Attorney, and Mark P. Higgins Jr., Assistant District Attorney, Dalton, for appellant.
for defendant: Rodney Q. Quarles, Chatsworth, for appellee.
Case Number: A07A1263
Defense counsel was deficient for failing to obtain the similar transaction witness's criminal re
Publication Date: 2007-09-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Josephine B. Jones, Macon, for appellant.
for defendant: Thomas F. Richardson Chambless, Higdon, Richardson, Katz & Griggs LLP, Macon, for appellees.
Case Number: A07A1188
The plaintiff failed to show that city waived its sovereign immunity by operation of O.C.G.A. § 36-33-1 by maintaining liability insurance policy when the repairs to drainage pipes, which allegedly
Publication Date: 2007-09-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Thomas M. Barton and Aaron P. Tady Smith, Gambrell & Russell LLP, placeCityAtlantafor appellant. John A. Moss Matthews & Steel, and Charles A. Mathis Jr. The Mathis Law Firm, placeCityAtlantafor appellees.
for defendant:
Case Number: A07A1446
Law firm lacked standing to appeal judgment allocating attorneys' fees to two individual attorneys, since it was not a party to the underlying FELA
Publication Date: 2007-08-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Harvey S. Wasserman, Carnesville, for appellant.
for defendant: . Marc S. Kaufman, Lavonia, for appellee.
Case Number: A07A1518
The de ts did not have a servient estate, since the owners of the original tract of land from which the plaintiff and the de ts bought their parcels no longer owned the land belonging to d
Publication Date: 2007-08-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Michael C. Kendall Talley, French & Kendall PC, Douglasville, for appellant.
for defendant: Charles D. Jones Beck, Owen & Murray, and William G. Johnston III Shepherd & Johnston, Griffin, for appellees.
Case Number: A07A0338
The underlying plaintiff's claim of carbon monoxide poisoning against her landlord was excluded from coverage under the ' "pollution exclusion" ' provision of her landlord's CGL p
Law Journal Press | Digital Book
Authors: Joshua B. Spector, Paul D. Turner
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Publication Date: 2007-07-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Stephen T. La Briola Fellows, Johnson & La Briola, Atlanta, for Lou Robustelli Marketing Servs. Inc. James C. Watkins and Tom Pye, Norcross, for James Robustelli and others.
for defendant:
Case Number: A07A0813; A07A0868
The plaintiff's claim for breach of fiduciary duty against the first defendant failed, since no evidence showed that the first defendant was the plaintiff's officer, director or agent, or that she h
Publication Date: 2007-07-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, James D. Coots, John E. Hennelly, Assistant Attorneys General, Atlanta, and James A. Chamberlin Jr., Brunswick, for Coastal Marshlands Protection Committee. Christopher K. DeScherer S. Envtl. Law Ctr., Stephen E. O'Day Smith, Gambrell & Russell, Mary M. Asbill Turner Envtl. Law Clinic, Atlanta, and Charles C. Smith Jr. Smith & Floyd, St. Mary's, for Center for a Sustainable Coast. Patricia T. Barmeyer King & Spalding, for Point Peter LLP. Other party representation: R. Todd Silliman King & Spalding, Julie V. Mayfield The Georgia Conservancy, Atlanta, Dana F. Braun Karsman, Brooks & Callaway PC, Frank J. Perch III, Andrew H. Ernst Hunter, MacLean, Exley & Dunn PC, Savannah.
for defendant:
Case Number: A07A0752; A07A0753; A07A0897; A07A0934
The ALJ erred in requi he Coastal Marshlands Protection Committee Committee to consider or regulate any aspect of the developer's adjacent high land and upland residential development in consid
Publication Date: 2007-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Benjamin R. Makin Public Defender's Office, Athens, for appellant.
for defendant: Kenneth W. Mauldin, District Attorney, and C. Rebecca Smith District Attorney's Office, Athens, for appellee.
Case Number: A07A1540
Although the arresting officer found the victim's wallet on the ground next to the defendant, the evidence showed that the very intoxicated victim was unaware that the defendant patted his pockets o
Publication Date: 2007-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: John C. Spurlin Spurlin & Spurlin, Tifton, for appellant.
for defendant: Hal J. Leitman Macey, Wilensky, Cohen, Witter & Kessler LLP, Atlanta, for appellee.
Case Number: A07A1426
The defendant's affidavit in support of its cross-motion for summary judgment was sufficient to create a jury issue as to whether the parties mutually rescinded their written agre
Publication Date: 2007-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Stephen L. Stincer and Tracie G. Smith Brennan & Wasden LLP, Savannah, for appellant.
for defendant: M. Francis Stubbs Stubbs & Assocs., Reidsville, for appellee.
Case Number: A07A1503
The trial court erred in denying the defendant's motion to dismiss the plaintiff's claims to the extent that she alleged that the defendant was vicariously liable for the professional negligence of
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