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  • Rowan v. Geo. H. Green Oil Inc.

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Joel M. Grist Jr. Grist &Block LLP, Macon, for appellant.
    for defendant: Charles E. Johnson III Cobb, Grabbe, Spillers & Irwin, Atlanta, for appellee.
    Case Number: A02A1919

    Judicial estoppel did not bar the plaintiff's personal injury claim against the defendant, because the plaintiff amended her schedules to include the claim well in advance of any disposition of defe

  • Kidd v. State

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Elizabeth B. Reisman, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, Jason J. Deal, District Attorneys, Gainesville, and Richard A. Vandever, Assistant District Attorney, Dawsonville, for appellee.
    Case Number: A02A1977

    Evidence of a third party's conviction for child molestation was not direct evidence of an alternative explanation for the victim's claim of abuse against the defe

  • Glass v. State

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Carl P. Greenberg, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A02A1729

    Evidence of a remarkably similar assault was admissible to show defendant's course of conduct and i

  • Albany Surgical PC v. Department of Community Health

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Victor L. Moldovan Phears & Moldovan, Norcross, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Robert S. Bomar, Deputy Attorney General, Harold D. Melton, Senior Assistant Attorney General, Sidney R. Barrett Jr., Assistant Attorney General, Thomas D. Watry, John H. Parker Jr. Parker, Hudson, Rainer & Dobbs, Atlanta, and James E. Reynolds Jr. Perry, Walters & Lippitt, Albany, for appellees. Other party representation: Michael B. Terry, Corey F. Hirokawa Bondurant, Mixson & Elmore LLP, Vicky O. Kimbrell, Lisa J. Krisher, Phyllis J. Holman, Atlanta, and Paula C. Goedert Jenner & Block LLC, Chicago, Ill.
    Case Number: A02A1836

    The Department of Community Health, Division of Health Planning rules providing that an ambulatory surgery center engaged in the practice of general surgery does not qualify for the statutory single

  • Rice v. Six Flags Over Ga. LLC

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: George H. Connell Jr., Atlanta, for appellant.
    for defendant: . John P. Reale and Brandon M. Rhodes Drew, Eckl & Farnham, Atlanta, for appellees.
    Case Number: A02A2142

    Prior incidents at an amusement park were not substantially similar to the plaintiff's alleged sexual molestation by a fellow passenger on a roller co

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  • Crouch v. Federated Mut. Ins. Co.

    Publication Date: 2002-10-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Michael D. Deming Deming, Parker, Hoffman, Green & Campbell, Norcross, for appellant.
    for defendant: Michael T. Bennett, Charles F. Marsh Swift, Currie, McGhee & Hiers, Sharon W. Ware Sharon W. Ware & Assocs., and Charles A. Wiley Jr. Fain, Major, Wiley & Brennan PC, Atlanta, for appellee.
    Case Number: A02A1712

    A secondary UM insurer owned no benefits to the plaintiff after all available UM coverage was stacked and the limits of available liability coverage were s

  • Sanders v. Brown

    Publication Date: 2002-10-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Donald L. Mize, Marietta, for appellant.
    for defendant: John H. Moore and Amy K. Weber Moore, Ingram, Johnson & Steele, Marietta, for appellee.
    Case Number: A02A1899

    Non-privileged writings and statements authorized the jury to find that plaintiff's brother falsely and maliciously impugned plaintiff's title to 38.6 acres of

  • Schaner v. Sterling Factors Inc.

    Publication Date: 2002-10-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John R. Whelan, Stone Mountain, for appellant.
    for defendant: . John B. Levy Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A02A1215

    The trial court was not required to hold an evidentiary hearing on defendants' wilfulness where they completely failed to respond to discovery and the attempts to force them to c

  • The Great Atlantic and Pacific Tea Co. Inc. v. F. S. Assocs. LP

    Publication Date: 2002-10-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Charles H. Richards Jr. Richards & Dalton LLC, Atlanta, for appellant.
    for defendant: Samuel J. Crowe Toliver & Gainer, Conyers, Beth S. Reeves and Amy K. Radley Mabry, & McClelland LLP, Atlanta, for appellee.
    Case Number: A02A1678

    O.C.G.A. § 13-8-2 b did not void the indemnification provision in the parties'

  • Zachery v. State

    Publication Date: 2002-10-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert J. Storms Office of the DeKalb County Public Defender, Decatur, for appellant.
    for defendant: Gwendolyn R. Keyes, Solicitor General, and Heather C. Waters, Assistant Solicitor General, Decatur, for appellee.
    Case Number: A02A2005

    Defendant attempted to pull a police officer off of another man's legs while officers were trying to restrai