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  • Richardson v. Simmons

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Neal H. Howard, Joann B. Williams and William D. James Neal H. Howard PC, Atlanta, for appellant.
    for defendant: . Gus H. Small Jr. Small, White & Marani PC and Kathryn A. Carter Goodman, McGuffey, Aust & Lindsey, Atlanta, for appellees.
    Case Number: A00A1157

    Plaintiffs' claims alleging that defendants conspired to alter or destroy records to prevent payment of claims in plaintiffs' prior suits amounted to impermissible collateral attacks against the pri

  • Oliver v. State

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Harold S. Gulliver, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A00A1356

    Trial court properly required defendant to proceed to trial with his appointed counsel or represent himself, since defendant contested his appointed counsel's preparation, not her compe

  • White v. State

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Diane M.M. McLeod, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Melanie Higgins, Assistant District Attorney, Savannah, for appellee.
    Case Number: A00A1323

    Since defendant failed to give any reason why his numerous prior convictions should not have been admitted in aggravation of his sentence, his counsel's failure to object to that evidence was not in

  • Etchinson v. State

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James W. Bradley, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Todd E. Naugle, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A00A1431

    Trial court should have merged defendant's sentences for aggravated battery and child cruelty since the evidence showed only one act of scalding the

  • Treglown v. K-Mart Corp.

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bobby L. Cook, Summerville, Charles G. Price Smith, Price & Wright, Rome, for appellant.
    for defendant: James S. Strawinski Strawinski & Goldberg LLP and George A. Koenig Dennis, Corry, Porter & Gray, Atlanta, for appellee.
    Case Number: A00A0723

    The plaintiff was not entitled to a new trial on his loss of consortium claim since there was conflicting evidence as to whether his wife's fatigue and lack of energy was related to her physical inj

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  • Hunter v. State

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0791, A00A0894

    Since one officer happened on the matchbox containing cocaine while other officers were asking defendants general questions, the discovery of the cocaine and defendants' subsequent statements were

  • Right Touch of Class Inc. v. Superior Bank, FSB

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Philip P. Taylor, Atlanta, for appellant.
    for defendant: Henry R. Stringfellow, Decatur, for appellee.
    Case Number: A00A0248

    Even if plaintiff did not intend to transfer title to th until the buyer's check cleared, title passed to the buyer when plaintiff delivered th

  • Malcom v. Newton County

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John T. Strauss, Covington, for appellant.
    for defendant: A.J. Welch Jr. Smith, Welch, Studdard & Brittain, McDonough, and Katharyne C. Johnson Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellee.
    Case Number: A00A0200

    County's termination of plaintiff's vested right to benefits under county's pension plan violated the Georgia Constitution's guarantee against impairment of cont

  • R.D. Stallion Carpets Inc. v. Dorsett Indus. LP

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James H. Bisson III and Robert G. McCurry Minor, Bell & Neal, Dalton, for appellant.
    for defendant: Lemuel H. Kemp Kinney, Kemp, Sponcler, Joiner & Tharper, Dalton, Edward Hine Jr. Hine & Niedrach PC, Rome, and Erin M. Richardson, Maplewood, for appellee.
    Case Number: A00A0084

    Judgment debtor's admission in the underlying action that it manufactured and sold certain carpet to plaintiff was an admission in judicio that plaintiff could use in its action to enforce its judgm

  • Goddard v. State

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William V. Hall Jr., Decatur, for appellant.
    for defendant: Gwendolyn R. Keyes, Solicitor General, Maura F. Krause, Thomas E. Csider, Assistant Solicitors, and Matthew J. Buzzelli, Decatur, for appellee.
    Case Number: A00A0649

    Police officer had probable cause to arrest defendant for DUI because defendant had alcohol on his breath, could not walk without stumbling and admitted he had driven hi