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  • Schlomer v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jackie G. Patterson and Yasma Patterson Patterson & Patterson, La Grange, for appellant.
    for defendant: Louis J. Kirby, Solicitor General, La Grange, for appellee.
    Case Number: A00A1863

    The defendant could not be convicted for contributing to the delinquency of a minor under O.C.G.A. § 16-12-1 b 1 because the minors all testified that they did not commit any delinquent

  • In the Interest of B.J.W.

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: E. Michael Moran, Marietta, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Woodbine, and John B. Johnson III, Assistant District Attorney, Jesup, for appellee.
    Case Number: A00A2001

    The trial court transferred the juvenile's case to superior court without balancing his amenability to treatment in the juvenile system with the interests of the comm

  • Banks County v. Cornett Bridge Inc.

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: David C. Jones Jr., Homer, for appellant.
    for defendant: . Walter B. Harvey Harvey & McCormack, Jefferson, and Thomas M. Cole Whelchel, Dunlap & Gignilliat, Gainesville, for appellees. Other party representation: Robert B. Ansley Jr. Smith, Currie & Hancock, Atlanta, and James E. Palmour III, Gainesville.
    Case Number: A00A2588

    The trial court properly determined that the plaintiff's transitory personalty was more closely connect to its business enterprise in Hall C than its equipment yard in Banks C

  • Hutcherson v. Obstetric & Gynecologic Assocs. of Columbus PC

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Neal H. Howard, Joann B. Williams and William D. James Neal H. Howard PC, Atlanta, for appellant.
    for defendant: . Robert C. Martin Jr. Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, for appellees.
    Case Number: A00A2329

    The doctor's statement attributing the death of plaintiff's wife to a heart murmur, rather than cardiomyopathy, was insufficient evidence of fraud to raise a jury question on whether the doctor coul

  • Merritt v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Kathie G. McClure McClure & McClure LLC and Robert Altman, Atlanta, for Merritt. Y. Kevin Williams Downey & Cleveland, E. A. Simpson Jr., Linda G. Birchall, Richard W. White Powell, Goldstein, Frazer & Murphy and J. Blair Craig Harper, Waldon & Craig, Atlanta, for State Farm. Other party representation: Mathew G. Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta.
    for defendant:
    Case Number: A00A2079, A00A2080

    There was some evidence that the insurer willfully misrepresented the existence of an umbrella policy which covered the plaintiff's injury

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    Executive Stock Options and Stock Appreciation Rights

    Authors: Herbert Kraus

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  • Performance Mechanical Co. v. Heat Transfer Control Inc.

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Everett W. Gee III, Carl L. Meyer, Adam S. Katz and Caroline B. Keller Womble, Carlyle, Sandridge & Rice, Atlanta, for Performance Mechanical Co. Joe H. Bynum Jr. Bynum & Lewis, Atlanta, for Heat Transfer Control Inc.
    for defendant:
    Case Number: A00A1820, A00A1821

    The plaintiff could recover its attorneys' fees based on evidence that defendant acted in bad faith, even though the defendant was entitled to a se

  • Harris v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gregory A. Hicks, Woodstock, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Scott T. Poole, Canton, for appellee.
    Case Number: A00A2479

    There was no evidence that the defendant exerted possession or control over the stolen vehicle while he was riding as a passenger in th

  • Aalon v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sidney L. Moore Jr., Atlanta, for appellant.
    for defendant: . J. Tom Morgan III, District Attorney, and Kristin L. Wood, Assistant District Attorney, Decatur, for appellee.
    Case Number: A00A2297

    The trial court properly denied defendants' motion for a mistrial based on an alleged violation of the rule of sequestration since they should have requested a curative instru

  • Casey v. State

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Tony L. Axam, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Jr., District Attorney, and Alvera A. Wheeler, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A1229, A00A1461

    Miranda did not apply to the officer's initial questions about where the defendants came from and where they were going after he stopped them for spe

  • Villedrouin v. State

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A1427

    The defen as not guilty of forgery by uttering a writing in such a manner that the writing purported to have been made by another person because the uncontroverted evidence showed that the defe