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  • Wade v. Findley Management Inc.

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert H. Preston, Douglas, for appellant.
    for defendant: Fred S. Clark Clark & Clark, Savannah, for appellee.
    Case Number: A02A0724

    Evidence of a prior criminal assault at defendant's restaurant raised a factual issue as to whether defendants could have foreseen that plaintiff would be attacked

  • Trust Assocs., Louis D. Brown, Trustee v. Snead

    Publication Date: 2002-02-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: James B. McClung, Ronald S. Stevens and John J. Maurer Stevens & Assocs., Atlanta, for appellant.
    for defendant: Henry D. Fellows Jr., Steven M. Kushner Fellows, Johnson & La Briola LLP, Atlanta, and Randolph G. Rich Rich & Smith PC, Lawrenceville, for appellees.
    Case Number: A02A0187

    The plaintiff was not entitled to statutory attorneys' fees on three outstanding promissory notes where its prelitigation demand letter failed to identify the holder of the notes, failed to identify

  • Wallace v. Lewis

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert D. Ware and Ashlee J. Mann Constangy, Brooks & Smith LLC, Atlanta, for appellant.
    for defendant: John W. Harbin and Simon H. Bloom Powell, Goldstein, Frazer & Murphy, Atlanta, for appellee.
    Case Number: A02A0578

    The allegations in the plaintiff's complaint as admitted by the defendant's default authorized the trial court to issue an interlocutory injunction to preserve the statu

  • Atlanta Affordable Hous. Fund Ltd. Partnership v. Brown b/n/g Tascena Jennings

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Corliss S. Lawson Lord, Bissell & Brook, and Earnest Redwine Devlin & Robinson PC, Atlanta, for appellant.
    for defendant: . Thomas W. Malone, Stuart B. Houck, Rosser A. Malone Thomas W. Malone PC, and Sheryl L. Burke, Atlanta, for appellees.
    Case Number: A01A1768

    Defendants were not entitled to a directed verdict, j.n.o.v. or new trial based on their claim that a 9-year-old's conduct was the sole proximate cause of her injuries since causation is a jury matt

  • McCarroll v. State

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert Greenwald, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and James M. Miskell, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A0638; A02A0639

    Witnesses testified that defendant admitted his participation in the armed robbery of two gas sta

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  • Lovain v. State

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Michael R. McCarthy, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Susan L. Franklin, Assistant District Attorney, Dalton, for appellee.
    Case Number: A02A0590

    The trial court properly sentenced defendant for attempted possession of a Schedule II drug based on his conviction for attempting to purchase a substance with the appearance of crack co

  • Focus Healthcare Med. Ctr. Inc. v. O'Neal

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Elizabeth C. Whealler Frederick J. Hanna & Assocs., Marietta, for appellant.
    for defendant:
    Case Number: A01A1851

    The trial court had no authority to assert the affirmative statute of limitation defense on behalf of a non-appearing defe

  • Villegas v. State

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Peter R. Hill, Alpharetta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Allen D. Morris, Assistant District Attorney, Canton, for appellee.
    Case Number: A02A0481

    Defendant waived his right to assert additional objections to the trial court's charge on entra

  • Mobley v. Wright

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John B. Parker Fortson, Bentley & Griffin PA, Athens, for appellant.
    for defendant: Alvin L. Bridges Jr. Haas, Bridges, Kane & Coburn, Atlanta, for appellee.
    Case Number: A02A0506

    Since the jury returned a defense verdict, any alleged error in the charge on aggravation of a pre-existing injury was harmless and could not be the basis for the grant of a new

  • Mills v. Parker

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: James F. Stovall III King, Taylor & Stovall PC, Tucker, for appellant.
    for defendant: Daniel I. MacIntyre IV and Samuel T. Brannan III Shapiro Fussell Wedge, Atlanta, for appellee. Other party representation: Horatio O. Edmondson, Atlanta.
    Case Number: A01A1984

    Defendant's allegedly contradictory responses in her verified answer and responses to requests for admissions regarding whether she held marketable title to certain property could have been based on