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  • Clayton County Bd. of Tax Assessors v. City of Atlanta

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brian R. Dempsey, Forest Park, and Jack R. Hancock Merritt & Tenney, Atlanta, for appellant.
    for defendant: Edward H. Wasmuth Jr. and William Van Hearnburg Jr. Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A07A0515; A07A0516; A07A0517; A07A0564

    The city's lease of property for the operation of a convention center and the hotel was not for a governmental purpose under O.C.G.A. § 48-5-41, since no evidence showed that the city leased the pro

  • Canal Ins. Co. v. Pro Search

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brian D. Hardison, Powder Springs, for appellant.
    for defendant: Robert J. Proctor, Adam C. Caskey, Bradley A. Hutchins Proctor, Chambers & Hutchins and Edward T. McAfee Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.
    Case Number: A07A0477

    The statute of limitation on the parties' contract for the reimbursement of workers' compensation deductibles did not begin to run 30 days after the insurer paid the deductibles, since the contract

  • Oehlerich v. Llewellyn

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Frank J. Beltran, Douglas V. Chandler Beltran & Assocs. and Keith E. Fryer Silfen, Segal, Fryer & Schuster PC, Atlanta, for appellant.
    for defendant: James T. McDonald Jr., Paul W. Burke and James c. Fox II Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellees.
    Case Number: A07A0485

    The plaintiff failed to establish that defendants' alleged negligence in investigating plaintiff's personal injury claim and determining that it was not viable proximately caused his later failure t

  • Taylor v. State

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A07A0084

    Evidence that defendant occupied an apartment located at the address listed on a UPS package containing 40.1 pounds of marijuana, from which police seized 1,000 grams of cocaine, was in joint posses

  • Reny v. Sneed

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kenneth A. Tapscott and John G. Valente Valente & Assocs., Alpharetta, for appellant.
    for defendant: . Dana B. Miles and Kevin J. McDonough Miles, McGoff & Moore LLC, Cumming, for appellee.
    Case Number: A07A1083

    The defendant waived the contract's expiration when he noted in writing that he accepted the offer two days after the expiration

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to the Fair Labor Standards Act 2014

    Authors: Michael D. Malfitano

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  • State v. Haynes

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, and Jennifer L. Dalton, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Gladys H. Pollard, Decatur, for appellee.
    Case Number: A07A0414

    The plaintiff's notice of Claims to the Claims Advisory Board did not comply with the ante litem notice requirements of the Georgia Tort Claims Act, O.C.G.A. § 51-

  • Larmon v. CCR Enters.

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas F. Lindsay, Rossville, for appellant.
    for defendant: Dennis D. Watson Watson, Dana & Gottlieb LLP, LaFayette, for appellee. Other party representation: James H. Phillips McCamy, Phillips, Tuggle & Fordham, Dalton.
    Case Number: A07A0111

    The trial court did not err in ruling that the bus driver allegedly responsible for the plaintiff's injuries was an independent contractor, since his employment contract gave him the discretion in t

  • Mason v. State

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Natalee L. Staats, Assistant District Attorney, Rome, for appellee.
    Case Number: A07A0380

    The arresting officer exceeded the permissible scope of a pat-down search for weapons when he opened a matchbox, which was not immediately identifiable as contr

  • Barthell v. State

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jerome Barthell, Alamo, proceeded pro se. Clifford P. Bowden, District Attorney, Tifton, for appellee.
    for defendant:
    Case Number: A07A0790

    The trial court lacked jurisdiction over the defendant's motion to vacate a void sentence, since it was filed outside the term of court in which he was sent

  • Cross v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kenneth D. Kondritzer Public Defender's Office, and Nancy L. Mau, Atlanta, for appellant.
    for defendant: Michael H. Crawford, District Attorney, and Earnest J. McCollum, Chief Assistant District Attorney, Clarkesville, for appellee.
    Case Number: A07A0896

    Evidence of the victim's prior violent acts was inadmissible, absent a viable justification de