• Crane v. Cheeley

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Eugene Crane, Duluth, proceeded pro se. Joseph E. Cheeley III, Buford, for appellee.
    for defendant:

    Case Number: A04A2377

    Attorneys' fees awarded to a party under O.C.G.A. § 9-15-14 g are treated as court costs with regard to the filing of any subsequent action and payment of such costs is a condition precedent to fili

  • State v. Simmons

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Carmen D. Smith, Solicitor General, Jodi L. Harter and Jody L. Peskin, Assistant Solicitors General, Atlanta, for appellant.
    for defendant: Mark A. Hansford Head, Thomas, Webb & Willis, and Michael M. Hawkins The Chestney Hawkins Law Firm, Atlanta, for appellee.

    Case Number: A04A1671

    The DUI defendant could not withdraw his duly given consent to a state-administered blood alcohol test 11 days after the blood was

  • Ponse v. Atlanta Cas. Co.

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert H. Benfield Jr. Law Offices of Robert H. Benfield Jr. and Clinton W. Sitton Martin & Jones LLC, Atlanta, for appellant.
    for defendant: Karsten Bicknese and Daniel S. Wright Seacrest, Karesh, Tate & Bicknese, Atlanta, for appellee.

    Case Number: A04A2227

    The state court did not abuse its discretion in denying the plaintiff's motion for appellate costs under O.C.G.A. § 5-6-5, which he filed nearly eight months after remittitur from the Court's decisi

  • Stephens v. State

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: David E. Ralston, Blue Ridge, for appellant.
    for defendant: Michael K. McKinney Ray & McKinney, Ellijay, for appellee.

    Case Number: A04A1607

    An officer found the defendant passed out behind the steering wheel of a parked vehicle occupying two parking spaces in a restaurant parking lot with the engine running and defendant failed a field

  • State v. Gillaspy

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Barry E. Morgan Cobb Solicitor General and Bonnie A. Derrer, Assistant Solicitor, Marietta, for appellant.
    for defendant: Jeremy E. Citron and George A. Stein Law Offices of George A. Stein, Atlanta, for appellee.

    Case Number: A04A1877

    The defendant was clearly responding to the officer's question about whether she was willing to submit to a state-administered breath test when she said "I will do a blood test," rather than actuall

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  • Eason v. State

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Kevin W. Drummond and Ruth K. Johnson, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.

    Case Number: A04A2206

    The defendant failed to show that his trial counsel was defi

  • Selective Way Ins. Co. v. Litigation Tech. Inc.

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Brian T. Moore and Clarence H. Farnham Drew, Eckl & Farnham, Atlanta, for appellant.
    for defendant: Stephen F. Dermer, Laura D. Tubbs Magill & Atkinson LLP, John T. Sparks and John B. Austin Austin & Sparks PC, Atlanta, for appellee. Other party representation: Stefanie D. Grant City of Atlanta Law Dept., Atlanta, and James T. Perry Berlon & Timmel, Duluth.

    Case Number: A04A1172

    Water that damaged the insured's office space lost its character as "surface water" when it gathered in a 13-foot deep pit excavated by the city and flowed into the structure through the length of a

  • Custom Planning & Dev. Inc. v. American Nat'l Fire Ins. Co.

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Fredric S. Young Barrickman, Allred & Young LLC, Atlanta, for appellant.
    for defendant: . Richard H. Hill Jr. and Robert M. Darroch Mabry & McClelland LLP, Atlanta, for appellee.

    Case Number: A04A2096

    The arbitrator resolved any factual issue against the insureds with regard to the occurrence of an accident, when the arbitrator found a breach of implied warranty and a breach of contract in the b

  • Southern Land Title Inc. v. North Ga. Title Inc.

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: David C. Nutter Nations, Toman & Nutter LLP, Atlanta, for appellant.
    for defendant: . Russell T. Bryant, Lawrenceville, for appellee.

    Case Number: A04A1935

    The insurer would not have issued a $64,000 title insurance policy if the defendant had not provided inaccurate information in its title examination r

  • Dude Inc. v. Foamex LP

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: J. Littleton Glover Jr. and Peter A. Durham Glover & Davis, Newnan, for appellant.
    for defendant: . Philip G. Kircher and Allan Levin Cozen & O'Connor, Atlanta, for appellee.

    Case Number: A04A1913

    The conflicting behavior of the landlord's representatives justifiably confused the tenant as to whether it was in default of a commercial