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  • Langston v. The Home Depot U. S. A. Inc.

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: J. Michael McGarity McGarity & Assocs., Lawrenceville, for appellant.
    for defendant: Laura M. Medlin and Carroll G. Jester Jr. Mozley, Finlayson & Loggins LLP, Atlanta, for appellees.
    Case Number: A01A1370

    There was no evidence that defendant should have foreseen that its customer would step on and break the lowest of a store display in an attempt to reach flowers on the top

  • Martin v. State

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Michael A. Zoffmann, Smyrna, and Jay L. Palmer, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman and Irvan A. Pearlberg, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A01A1878

    Defendant could not complain about the stipulated admission of unauthenticated crime lab reports in the absence of an allegation of fraud or mi

  • Hodge v. Lott

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Bryant H. Bower Jr., Terry A. Dillard Dillard, Bower & Crowley, Waycross, and Douglas W. Mitchell III, Douglas, for appellant.
    for defendant: Jack J. Helms Jr. Helms & Helms PC, Homerville, for appellee. Other party representation: Robert H. Preston, Douglas.
    Case Number: A01A1247

    Defendant failed to preserve his argument that the trial court improperly limited his cross-examination of the plai

  • Hollifield v. Monte Vista Biblical Gardens Inc.

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: J. Wayne Pierce Pierce & Young, Atlanta, for appellant.
    for defendant: F. Carlton King Jr. King & Croft, Atlanta, for appellees.
    Case Number: A01A1329

    Defendant acted in bad faith by knowingly building structures that encroached on the plaintiffs' property and admittedly violating the county's building code by building the structures too close to

  • Satterfield v. State

    Publication Date: 2001-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Douglas W. McDonald Jr. McDonald & Cody Law Offices, Cornelia, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A01A1464

    The trial court properly admitted the methamphetamine found in defendant's pocket since the totality of the circumstances authorized the officers to detain defendant and his failure to follow their

  • Law Journal Press | Digital Book

    Texas Liquor Liability Practice Manual 2024

    Authors: Spencer G. Markle

    View this Book

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  • Williams v. Truett

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jack F. Witcher, Bremen, for appellant.
    for defendant: George L. Welborn Downey, Cleveland, Parker & Williams, Marietta, for appellee.
    Case Number: A01A1548

    Questions of fact remained as to whether defendant had superior knowledge of an allegedly hazardous scrap of indoor-outdoor carpet which plaintiff slipped on when he exited defendant's mobile

  • Mills v. State

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Debra G. Gomez, Macon, and A. James Rockefeller, Warner Robins, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Barbara A. Becraft, Nancy S. Malcor, and Myra H. Kline, Assistant District Attorney, Macon, for appellee.
    Case Number: A01A1485

    Evidence of defendant's prior acts involving a 19-year-old in his home was admissible to show his lustful disposition and bent of mind toward teenagers under his

  • Brown v. State

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Lynn M. Kleinrock, Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Jennifer M. Daniels, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A00A0306

    The Court of Appeals adopted the Supreme Court's judgment that police report narratives are not admissible under the business records exception to the hearsay

  • Schoolfield v. State

    Publication Date: 2001-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Lee Sexton Lee Sexton & Assocs. PC, Jonesboro, for appellant.
    for defendant: Keith C. Martin, Solicitor, Matthew M. McCord and Kristin R. Campbell, Assistant Solicitors, Jonesboro, for appellee.
    Case Number: A01A1706

    The trial court should have merged defendant's per se DUI conviction with his conviction for DUI-less safe driver or indicated to which count defendant's sentence ap

  • In re Copelan

    Publication Date: 2001-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Barry B. McGough, Atlanta, E. R. Lambert and Marvin J. Reitman Jr. Lambert & Roffman, Madison, for appellant.
    for defendant: Walter Hamberg III, Adam R. Gaslowitz and Duane D. Pritchett Adam R. Gaslowitz & Assocs., Atlanta, for appellee.
    Case Number: A01A0851

    The judgment finding that defendant was an incapacitated adult was not supported by clear and convincing evidence that she lacked mental cap