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  • Shelton v. State

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and George W. Snyder Jr., Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A01A0909

    The trial court's error in denying defendant's motion to suppress evidence of an unrelated arrest did not warrant reversal of his convictions, given the victims' eyewitness testimony and the compell

  • Bennett v. State

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James E. Friese, Cuthbert, for appellant.
    for defendant: . Charles M. Ferguson, District Attorney, Cuthbert, for appellee.
    Case Number: A01A1276; A01A1277

    Evidence that defendants were sitting in deer stands located in baited fields and that they were holding loaded rifles and wearing camouflage clothing without the fluorescent orange required of hunt

  • Nelson v. State

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Wallace C. Clayton, Austell, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Jessica K. Moss and John W. Nichols, Assistant Solicitors General, Marietta, for appellee.
    Case Number: A01A1414

    The arresting officer's concern that a fight was about to break out in defendant's moving vehicle provided probable cause for a traffic

  • Multi-State Contracting Corp. v. Midwest Indem. Corp.

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Karsten Bicknese and Amy E. Loggins Seacrest, Karesh, Tate & Bicknese, Atlanta, for appellant.
    for defendant: Jefferson B. Slagle Thompson & Slagle PC, Norcross, Richard A. Marchetti Marchetti & Lomas LLP, Columbus, Stephen L. Goldner Goldner, Sommers, Scrudder & Bass, and Brian C. Near, Atlanta, for appellees.
    Case Number: A01A1203

    A surety was not responsible for a sing agent's diversion of funds held in escrow because the disbursement agreement did not establish a principal/agent relationship between the surety and the

  • Marine Port Terminals Inc. v. Dixon

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mason White and James D. Kreyenbuhl Brennan, Harris & Rominger, Savannah, for appellant.
    for defendant: . Robert L. Crowe Lane & Crowe PC, Brunswick, for appellee.
    Case Number: A01A1279

    An employer need not show that a refused drug/alcohol test would have been performed in the manner set forth in O.C.G.A. § 34-9-415 in order to assert a rebuttable presumption under O.C.G.A. § 43-9

  • Law Journal Press | Digital Book

    Library of California Product Liability Forms

    Authors: Seeger Salvas

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  • Shortnacy v. North Atlanta Internal Med. PC

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Clinton W. Sitton and Robert H. Benfield Jr., Atlanta, for appellant.
    for defendant: . Jonathan C. Peters, Vicki M. Miller and Michael T. Carithers Love & Willingham LLP, Atlanta, for appellees.
    Case Number: A01A0953

    The trial court did not abuse its discretion in opening defendants' default where defendants reasonably believed that their malpractice insurer was defending plaintiffs'

  • Stebbins as Guardian of Eleanor Duffie v. Georgia Power Co.

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles C. Stebbins III Warlick, Tritt & Stebbins, Atlanta, and N. Gail Stebbins, Augusta, for appellant.
    for defendant: Percy J. Blount Glover & Blount PC, Augusta, for appellee.
    Case Number: A01A0935

    Plaintiff could not recover on her claim for money credited to defendant's accounts via two allegedly forged checks because defendant took the checks as a holder in due c

  • Stuart Enters. International Inc. v. Peykan Inc.

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gary R. Kessler Stuart, Irvin, Stanford & Kessler, Atlanta, for appellant.
    for defendant: . J. Hue Henry, Athens, for appellees.
    Case Number: A01A1610

    A third party's prior registration of a trademark containing the word "Munchie's" did not prevent defendants from selling the trade name "Munchie's Italian Restaurant" as an asset of their business

  • State Soil & Water Conservation Comm'n v. Stricklett

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: J. Edward Allen Jr. Fortson, Bentley & Griffin PA, Augustus T. Curtis, Athens, Thurbert E. Baker Jr., Attorney General, and Denise E. Whiting-Pack, Assistant Attorney General, Atlanta, for State Soil and Water Conservation Commission. Kerry S. Doolittle, Watkinsville, for the Strickletts. Other party representation: Mary A. Oakley Holland & Knight LLP, Atlanta.
    for defendant:
    Case Number: A01A1364; A01A1365

    A factual question remained as to whether construction of defendants' home substantially interfered with the plaintiffs' nonexclusive easement right to safely operate and maintain

  • Wilder v. Jefferson Ins. Co. of New York

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sandra L. Doyle Holland & Knight, Norman S. Epstein, Atlanta, and Jonathan P. Sexton, Stockbridge, for appellant.
    for defendant: . James M. Poe, James L. Creasy III, and Catherine E. Diamond Drew, Eckl & Farnham LLP, Atlanta, for appellee. Other party representation: John W. Scott, Atlanta, Sabrina K. Bozeman, Stone Mountain, and C. T. Defranks Lacosta Recovery Services, Alpharetta.
    Case Number: A01A1410

    A certificate of insurance which was issued by an insurance agent did not confer coverage on a tow truck which was never added to the insured's policy because the agent had no authority to bind the