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  • Bayview Loan Servicing LLC v. Baxter

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Emily L. Shoemaker, J. Allen Maines and Shauna T. Phillips Paul, Hastings, Janofsky & Walker LLP, Atlanta, for Bayview Loan Servicing. John W. Gibson, Michael R. Dunham Gibson, Deal, Fletcher & Dunham PC, Norcross, for Baxter.
    for defendant:
    Case Number: A11A1352, A11A1353

    The defendant's lis pendens provided constructive notice of his claimed security interest as of the date it was recorded, regardless of whether it was indexed and/or placed on the public database wh

  • Bithoney v. The Fulton-DeKalb Hosp. Auth.

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Daniel M. Klein Buckley & Klein LLP, Atlanta, for appellant. Richard H. Sinkfield, Catherine M. Bennett Rogers & Hardin LLP, Charles S. Johnson III, Robert S. Highsmith Jr., and Joshua I. Bosin Holland & Knight LLP, Atlanta, for appellees.
    for defendant:
    Case Number: A11A0934

    The trial court did not clearly err in applying the rule in Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27 1986, to hold that the statute of frauds barred enforc of an oral severance agre

  • American Debt Found. Inc. v. Hodzic

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Jason H. Coffman, Atlanta, for appellant. James W. Hurt Jr. Hurt, Stolz & Cromwell LLC, Athens, for appellee.
    for defendant:
    Case Number: A11A1200

    The trial court erred in certifying a class of nine Georgia residents who contracted with the defendant for debt relief services because the class representative did not satisfy the numerosity requir

  • Turner v. State

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Lovett Bennett Jr., Statesboro, for appellant. Richard A. Mallard, District Attorney, and Daphne H. Jarriel, Assistant District Attorney, Statesboro, for appellee.
    for defendant:
    Case Number: A11A1192

    The trial court erred in its restitution order because the state failed to demonstrate the basis for a portion of the total amount by a preponderance of the evi

  • Southland Propane Inc. v. McWhorter

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Neal J. Callahan Waldrep, Mullins & Callahan, Columbus, for appellants. Michael G. Kam Kam & Ebersbach PC, Newnan, and Charles M. Cork III, Macon, for appellee.
    for defendant:
    Case Number: A11A1235

    The exception permitting a direct action in the context of a closely held corporation did not apply to plaintiff's claims for conversion, fraud, and breach of fiduciary duty, since evidence existed

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Fidelity and Deposit Co. of Md. V. Lafarge Bldg. Materials Inc.

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: David J. Merbaum, Alpharetta, for appellants. Scott A. Schweber Dietrick, Evans, Scholz & Williams LLC, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1320

    The omission of the general contractor's phone number in its Notice of Commencement under OCGA § 44-14-361.5 b did not relieve the materials supplier of its duty to file a Notice to Contractor in o

  • Georgia Transmission Corp. v. Worley

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Robert J. Wilson and Jody C. Campbell Webb, Tanner, Powell, Mertz & Wilson LLP, Lawrenceville, for appellant. Donald C. Evans Jr. Vaughan & Evans LLC, Cartersville, for appellees.
    for defendant:
    Case Number: A11A1035

    Consolidation of the condemnees' superior court appeals of three separate in rem cases, which the electric membership cooperative EMC filed to obtain easement rights across three parcels of adjacent

  • Tolbert v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Russell K. Walker, Perry, for appellant. T. Rabb Wilkerson III, District Attorney, George H. Hartwig III, District Attorney, and Daryl E. Manns, Assistant District Attorney, Perry, for appellee.
    for defendant:
    Case Number: A11A1077

    Evidence that the defendant grabbed the first victim by the throat and pulled her from the kitchen into the living room and that both defendants dragged the second victim inside the home during the

  • Manzione v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: James D. Crowe, Athens, for appellant. Kenneth W. Mauldin, District Attorney, and Jon R. Forwood, Assistant District Attorney, Athens, for appellee.
    for defendant:
    Case Number: A11A0970

    Under the totality of the circumstances, the magistrate had a substantial basis for concluding that probable cause existed to issue a search warrant, even though the agent seeking the warrant did no

  • Strader v. Palladian Enterprises LLC

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Robert E. Mulholland Bell & Mulholland LLC, and James D. Summerville The Summerville Firm LLC, Atlanta, for appellant. David M. Abercrombie Goodman McGuffey Lindsey & Johnson, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1020

    The defendant met the four preconditions for opening default in the plaintiff's injury action, seeking damages related to a slip-and-fall accident outside of his work