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  • Ranwal Props. LLC v. John H. Harland Co.

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: LeRoy P. Spell Jr. Welch, Spell, Reemsnyder, Pless & Davis PC, Atlanta, for appellant.
    for defendant: Daniel J. King and Brian A. White King & Spalding, Atlanta, for appellee.
    Case Number: A07A0835

    The parties' lease contract provided that the tenant would pay the landlord's insurance premium within 30 days of demand, the landlord's delay in making the demand until near end of the lease term

  • Whitaker v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Leigh S. Schrope Georgia Pub. Defenders Standards Council, and Lindsay N. Bennett, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Niria D. Baggett, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A07A0327

    The defendant knowingly, voluntarily and intelligently waived his right to a jury trial after discussing the pros and cons with his trial co

  • Fields v. State

    Publication Date: 2007-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, for appellee.
    Case Number: A07A0233

    The jury was entitled to conclude that the defendant was not justified in using force greater than was necessary to defend himself when he used a baseball bat to beat the unarmed v

  • State v. Thompson

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellant.
    for defendant: Tony L. Axam Axam & Adams PA, Atlanta, and W. Gaston Fairey, Columbia, S.C., for appellee.
    Case Number: A07A0582

    The trial court properly dismissed the defendant's indictment because Columbia county failed to bring her to trial within 180 days of her IAD request for final disposition of all pending charges in

  • Johnson v. State

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Isabel M. Pauley, Assistant District Attorney, Savannah, for appellee.
    Case Number: A06A2246

    The trial court harmlessly erred in requiring the defendant to introduce a certified copy of the victim's prior conviction, with the resulting loss of final closing argument, or forgo questioning he

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  • Thomas v. Home Depot USA Inc.

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jay W. Pakchar, Atlanta, for appellant.
    for defendant: Lloyd B. Hedrick Jr. and Evan R. Mermelstein Gray, Hedrick & Edenfield LLP, Atlanta, for appellee.
    Case Number: A06A1938

    The defendant did not breach any legal duty to prevent the plaintiff from being injured by a third party's independent acts when the plaintiff bent down to retrieve a plastic bag and punctured her e

  • Freese v. Regions Bank NA

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Cary S. Wiggins Cook, Youngelson & Wiggins, and Drago Cepar Jr. The Webb Law Group LLC, Atlanta, for appellees. William J. Holley II and Cinnamon V. Davis Parker, Hudson, Rainer & Dobbs, Atlanta, for appellee.
    for defendant:
    Case Number: A06A2154

    O.C.G.A. § 11-4-103 a allows parties to a contract of deposit to change O.C.G.A. § 11-4-406 f's notice provision from 60 to 30 days, the parties did so in their customer agreement and the appellant

  • BKJB Partnership v. Moseman

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Patrick A. Dawson, Marietta, John P. Cheeley Cheeley & Joyner LLC, Duluth, and James S. Crocket Jr. Spillman, Thomas & Battle PLLC, Charleston, WV, for BKJB and others. Walter H. Bush Jr. Schiff Hardin LLP, Halsey G. Knapp Jr., Mary L. Walker Foltz Martin LLC, Pamela A. Bresnahan and Timothy H. Goodman Vorys, Sater, Seymour & Pease LLP, Washington, D.C., for Moseman and Gitner.
    for defendant:
    Case Number: A06A1837; A06A1838

    An earlier Maryland litigation involving the same parties and transaction precluded the plaintiff's breach of contract, inceptive fraud and tortious interference with contract c

  • Pillar Dev. Inc. v. Fuqua Constr. Co.

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David E. Spalten and William H. McLean IV, Atlanta, for appellant.
    for defendant: Alan L. Newman The Newman Law Firm, Alpharetta, for appellees. Other party representation: Halsey G. Knapp Jr. Foltz Martin LLC, Atlanta.
    Case Number: A06A1673

    The plaintiff's failure to comply with the purchase agreement provisions requiring written notice of a breach of the agreement barred it from relying on defendant's alleged breach as a basis for its

  • DBL Inc. v. Carson

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: H. Lehman Franklin Jr. H. Lehman Franklin PC, Statesboro, for DBL Inc. Tracy A. O'Connell, Edward L. Newberry Jr. Ellis, Painter, Ratterree & Adams, Savannah, for Carson and others. Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, John E. Hennelly and James D. Coots, Assistant Attorneys General, Atlanta, for Holcomb.
    for defendant:
    Case Number: A06A1726; A06A1727

    The defendant obtained a water bottom lease in violation of the Coastal Marshlands Protection act, since his lease to upland property did not provide the required written permission of the upland ow