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  • Hudson v. Whited

    Publication Date: 2001-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ann-Margaret Perkins Perkins & Perkins, Carrollton, for appellant.
    for defendant: Lemuel H. Kemp Kinney, Kemp, Sponcler, Joiner & Tharper, Dalton, Terrell W. Benton III Hall Booth, Smith & Slover PC, and Thomas A. Graham, Atlanta, for appellee.
    Case Number: A01A0569

    The limitation of liability provision in the plaintiff's UM policy was unenforceable where the evidence showed that his actual damages would exceed the policy l

  • Manning v. State

    Publication Date: 2001-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Marlando Manning, Helena, proceeded pro se. J. Tom Morgan III, District Attorney, Barbara B. Conroy and John H. Petrey, Assistant District Attorneys, Decatur, for appellee.
    for defendant:
    Case Number: A01A0660

    The pretrial photographic line-up was not impermissibly suggestive since the men shown in the photo array looked similar and any difference in their heights was unapp

  • Owens v. State

    Publication Date: 2001-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lloyd J. Matthews, Hampton, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra A. Graves, Assistant District Attorney, McDonough, for appellee.
    Case Number: A01A0581

    Defendant waived any error in the officer's reference to his parole when he declined a curative instruction and chose to testify about that

  • Aldridge v. King's Colonial Ford Inc.

    Publication Date: 2001-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Walter D. Adams, Brunswick, for appellant.
    for defendant: . Marvin W. McGahee and William A. Bowen Brennan & Wasden, Savannah, for appellees. Other party representation: James B. Manley Jr., Charles K. Reed and Michael R. Boorman Cabaniss, Conroy & McDonald LLP, Atlanta.
    Case Number: A01A0400

    The defendants presented expert testimony disproving the plaintiffs' claim that the brakes on their new vehicle failed, causing a rear-end coll

  • Threlkeld v. State

    Publication Date: 2001-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Larry W. Threlkeld, Mableton, proceeded pro se. Barry E. Morgan, Solicitor General, Marietta, for appellee.
    for defendant:
    Case Number: A01A0498

    The trial court did not abuse its discretion in refusing first offender treatment on defendant's guilty plea to public indecency arising out an incident involving his 17-year old male client at a yo

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  • Dumas & Assocs. v. Nalecz

    Publication Date: 2001-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: George O. Lawson Jr. Lawson & Thornton, Atlanta, for appellant.
    for defendant: William A. Fletcher Jr. Gibson, Deal & Fletcher, Norcross, for appellee.
    Case Number: A01A0588

    Defendant was not entitled to a new trial in plaintiff's breach of contract suit because the evidence supported the jury's finding that plaintiff performed work within the scope of his contracted s

  • City of Statham v. Diversified Dev. Co.

    Publication Date: 2001-06-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Peter R. Olsen Jenkins & Nelson, Cartersville, for appellant.
    for defendant: David H. Flint and Mark W. Forsling Schreeder, Wheeler & Flint LLP, Atlanta, for appellee.
    Case Number: A01A0729

    A previous judgment determining that the city's moratorium on billboard permits was invalid and ordering the city to issue permits to defendant did not prevent the city from enforcing its size and l

  • Cotton v. NationsBank N.A.

    Publication Date: 2001-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thomas E. Cotton, Watkinsville, proceeded pro se. Thomas H. Rogers Jr. Blasingame, Burch, Garrard & Bryant, Athens, for appellee.
    for defendant:
    Case Number: A01A0200; A01A0201

    The 4-year statute of limitation under O.C.G.A. § 9-3-31 barred plaintiff's suit to cancel a security deed which he filed more than eight years after he discovered the alleged

  • Williams v. State

    Publication Date: 2001-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Brian T. Randall Randall, Nestor & Spivey LLC, Macon, for appellant.
    for defendant: Charles H. Weston, District Attorney, and Barbara A. Becraft, Assistant District Attorney, Macon, for appellee.
    Case Number: A01A0436

    The trial court erred in reseating three prospective jurors based on the state's challenge to defendant's use of his peremptory strikes without making any determination with regard to discriminatory

  • Petroski v. State

    Publication Date: 2001-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and James M. Cavin, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A01A0616

    Defendant's intent to kidnap the in the backseat of the truck he stole could be inferred from his failure to stop as soon as he saw the