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  • ESI Companies Inc. v. Fulton County

    Publication Date: 2005-01-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Andrew R. McBride, Bart W. Reed and Martin R. Salzman Hendrick, Phillips, Schemm & Salzman, Atlanta, for appellant.
    for defendant: Nicolle G. Holt, Fulton County Attorney, Robert L. Martin and John A. Ayoub County Attorney's Office, Atlanta, for appellee.
    Case Number: A04A2151

    The trial court properly granted summary judgment to the county in the plaintiff's suit seeking to recover the sales and use taxes it paid under the parties' contract, because the contract documents

  • Feist v. Dirr

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Cynthia E. Call, Athens, and Robert F. Greene, Florence, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, G. Michael Banick, Assistant Attorney General, Jeffrey C. Morgan Troutman Sanders, J. Rodgers Lunsford III, Atlanta, and Edward D. Tolley Cook, Noell, Tolley, Bates & Michael, Athens, for appellees.
    Case Number: A05A0463

    Absent a waiver of sovereign immunity, the trial court lacked subject matter jurisdiction over the plaintiffs' claims against a university professor in his official cap

  • State v. Bibbins

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William T. McBroom III, District Attorney, and Thomas J. Ison Jr., Assistant District Attorney, Griffin, for appellant.
    for defendant: Virgil L. Brown, Eric D. Hearn and Ronald J. Ellington Virgil L. Brown & Assocs., Zebulon, for appellee.
    Case Number: A04A1305

    An officer's request for consent to search for drugs during the course of a brief, on-going traffic stop does not, in and of itself, violate the Fourth Amendment so as to make a valid detention "ill

  • Keller v. State

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Thomas J. Thomas Head, Thomas, Webb & Willis, and Jamie S. Wingler, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray, W. Thomas Weathers III, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A0805

    The trial court did not err in refusing to suppress the field sobriety evaluations, since the evidence of the arresting officer's failure to fully comply with guidelines went to the weight and cred

  • Averette v. Browning-Erneston

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: James B. Ellington Hull, Towill, Norman & Barrett, Augusta, for appellant.
    for defendant: . Hugh M. Hadden, Augusta, for appellee.
    Case Number: A05A0270

    Res judicata did not bar the plaintiff's suit against the defendant, even though both suits involved their mother's estate, since the prior probate action did not involve the same issues or pa

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    Chester County Court Rules 2024

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  • Robert E. Canty Bldg. Contractors Inc. v. Garrett Machine & Construction Inc.

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Walter W. Ballew III, Savannah, for appellant.
    for defendant: William K. McGowan Franklin, Taulbee, Rushing, Bunce & Brogdon, Statesboro, for appellee.
    Case Number: A05A0209

    The proper measure of damages in a suit for breach of a construction contract is the cost to the plaintiff to correct the defects in workma

  • Powell v. State

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Frank B. Perry, Ringgold, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Christopher A. Arnt, Assistant District Attorney, Lafayette, for appellee.
    Case Number: A05A0101

    The officer's approach of the defendant's already stopped vehicle constituted a first tier encounter, not a "stop" or "sei

  • McDonald v. Few

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John M. Brown, Augusta, for appellant.
    for defendant: James W. Ellison Burnside, Wall, Daniel & Ellison, Augusta, for appellees.
    Case Number: A05A0249

    An advertisement in which the defendants "accused" the plaintiff of ing too many souvenirs for the Southeastern Fire Chief's Convention was not libelous, since the plaintiff admitted placing th

  • Shaheed v .State

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jennifer F. Snyder, DeKalb County Public Defender, Decatur, for appellant.
    for defendant: John H. Wall and Shawn E. LaGrua, Solicitor Generals, Decatur, for appellee.
    Case Number: A05A0173

    Defendant's conviction for DUI-less safe d could not stand where the state presented no evidence that the defendant was an impaired d

  • Whitley v. State

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jeffrey L. Whitley, Unadilla, proceeded pro se. Kelly R. Burke, District Attorney, and Jason E. Ashford, Assistant District Attorney, Perry, for appellee.
    for defendant:
    Case Number: A04A2380

    The defendant waived any procedural defects in the entry of his guilty plea when he knowingly and voluntarily entered his plea with the effective assistance of co