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  • Robert Stovall Family LP v. Carroll County Water Auth.

    Publication Date: 2002-05-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Albert B. Wallace and Stephen B. Wallace II Albert Bailey Wallace PC, Jonesboro, for appellant.
    for defendant: . Thomas E. Parmer Price, Pyles, Dangle, Parmer & Rooks PC, Carrollton, for appellee.
    Case Number: A02A0834

    Objections to the evidence of the price paid for the condemned property over 12 years before its taking go to its weight and not its admissib

  • Bius v. State

    Publication Date: 2002-04-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Donn M. Peevy and Lucas O. Harsh Peevy & Lancaster PC, Lawrenceville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Michael E. Hobbs, Deputy Attorney General, and David S. McLaughlin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A01A2045

    Burtts v. State, 211 Ga. App. 840 1994 is overruled to the extent that it authorizes a traffic stop solely because a vehicle carries a dealer drive-ou

  • Carlton v. State

    Publication Date: 2002-04-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Albert L. Watson, Chattanooga, Tenn., for appellant.
    for defendant: Herbert E. Franklin, District Attorney, Lafayette, for appellee.
    Case Number: A01A2268

    Newt v. State, 190 Ga. App. 301 1989 is overruled since it conflicts with the U. S. Supreme Court's interpretation that a detainer based upon a warrant for pending criminal charges triggers the prot

  • Witherspoon v. Aranas

    Publication Date: 2002-04-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Calvin A. Rouse, Augusta, for appellant.
    for defendant: Gregory S. Ellington and Robert C. Martin Jr. Hatcher, Stubbs, Land, Hollis & Rothchild, Columbus, for appellees.
    Case Number: A01A1650

    The plaintiff could revive her medical malpractice claim against the doctor who performed surgery on the plaintiff on January 22, 1999, since 2-year statute of limitation period had not expired prio

  • Ponse v. Atlanta Cas. Co.

    Publication Date: 2002-04-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Robert H. Benfield Jr. Law Offices of Robert H. Benfield Jr., Atlanta, for appellant.
    for defendant: Karsten Bicknese and Daniel S. Wright Seacrest, Karesh, Tate & Bicknese, Atlanta, for appellee.
    Case Number: A01A2069

    A jury question remained as to whether insurer's conduct in failing to notify anyone of its refusal to provide a defense after notification of the pending suit waived any defenses insurer might hav

  • Law Journal Press | Digital Book

    Insurance Bad Faith in Pennsylvania, 24th Edition

    Authors: RICHARD L. MCMONIGLE, JR., BRYAN M. SHAY, JEFFREY M. BRENNER

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  • Kull v. Six Flags Over Ga. LP

    Publication Date: 2002-04-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joseph D. Perrotta, Louis R. Feingold Northcutt, Edwards, Gordon & Feingold, and Joseph H. King Jr., Atlanta, for appellant.
    for defendant: Robert E. Mulholland Savell & Williams and Andrew M. Gibson Alston & Bird, Atlanta, for appellees.
    Case Number: A01A2315

    A jury question remained as to whether the plaintiff assumed the risk of injury by inserting metal pliers into a light socket on electronic scoreboard since the evidence did not show that the plaint

  • Allstate Ins. Co. v. Walker

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Alan J. Gibson Downey & Cleveland LLP, Marietta, for appellant.
    for defendant: T. Michael Flinn, Carrollton, for appellees.
    Case Number: A01A1917

    Plaintiffs' delay in reporting the theft of their automobile for almost 12 months was unreasonable as a matter o

  • Barrow County Airport Auth. v. RomanAir Inc.

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James E. Palmour III, Gainesville, for appellant.
    for defendant: Morton M. Wiggins III, Bogart, for appellee.
    Case Number: A01A2508

    The express terms of the parties' lease agreement provided that the rent was subject to adjustment after the change date during the start of each new 5-year p

  • Yancey v. Poe

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Terence G. Kelly, Mableton, for appellant.
    for defendant: Robert E. Spears Jr., Decatur, and Michael J. King Greenberg Traurig LLP, Atlanta, for appellee.
    Case Number: A01A1803

    The trial court's amended summary judgment order extended the 30-day time period for filing the notice of appeal because the amended order changed the parties' substantive r

  • Simmons v. Mableton Fin. Co.

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Andrew H. Agatston Ezor & Olens PC, Atlanta, for appellant.
    for defendant: David G. Crockett, Atlanta, for appellees.
    Case Number: A01A1874

    Evidence that one defendant provided false and incomplete information to the investigating detective raised a jury issue as to whether defendants lacked probable cause to instigate a criminal prosec