• Bogan v. State

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William M. Peterson Grantham & Peterson, Warner Robins, for appellant.
    for defendant: Kelly P. Burke, District Attorney, and Amy E. Smith, Assistant District Attorney, Perry, for appellee.

    Case Number: A01A0500

    The trial court did not improperly limit defendant's right to cross-examine the state's witnesses regarding their prior arrests by granting the state's motion in limine to foreclose inadmissible imp

  • Miller v. Vitner

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Donald W. Johnson The Johnson Law Firm, Fayetteville, for appellant.
    for defendant: Rush S. Smith Jr. and James E. Looper Jr. Hall, Booth, Smith & Slover PC, Atlanta, for appellee.

    Case Number: A01A0663

    Expiration of the 5-year medical malpractice statute of repose barred plaintiff from renewing her malpractice suit following her voluntary dismissal, even though she filed her original action within

  • Wiederkehr v. Brent

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert R. McFarland McFarland & Assocs., Cumming, for appellant.
    for defendant: David F. Root and Kimberly P. Murphy Webb, Carlock, Copeland, Semler & Stair, John C. Parker and Lisa J. Bucko Savell & Williams, Atlanta, for appellees.

    Case Number: A01A0957

    Under the Equine Activities Act, O.C.G.A. § 4-12-1, defendants were immune from liability for the injuries plaintiff sustained when a 900 pound horse reared up and fell back o

  • Heston v. Lilly

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Van C. Wilks, Carrollton, for appellant.
    for defendant: John A. Allen Allen & Assocs., Atlanta, for appellee.

    Case Number: A01A0570

    The trial court properly charged on negligence and proximate cause, even though defendant admitted that his negligence cause the collision, because defendant contested the causation of the plaintiff

  • Capricorn Sys. Inc. v. Pednekar

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Theodore H. Lackland, Atlanta, for appellant.
    for defendant: Robert N. Katz Hewitt, Katz & Dumich, Atlanta, for appellee.

    Case Number: A01A0032

    Although the restrictive covenants in defendant's employment contract were void, the contract contained a severability clause allowing the other contracts terms, including the termination notice pro

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  • Steele v. State

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Patrick H. Head, District Attorney, Eleanor A. Kornahrens and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.

    Case Number: A01A0738

    Defendant was not entitled to a charge under O.C.G.A. § 24-9-85 b because the victims did not wilfully and knowingly give false test

  • Scott v. State

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Davis Cohen, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ian R. Heap Jr., Assistant District Attorney, Savannah, for appellee.

    Case Number: A01A0937

    The trial court erred in failing to exercise its discretion in sentencing defendant to life imprisonment under O.C.G.A. § 17-1

  • Schafer v. Wachovia Bank of Ga.

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert H. McKnight Jr. Freed & Bermen PC, Atlanta, for appellant.
    for defendant: . M. David Merritt and Thomas J. Melanson McLain & Merritt, Atlanta, for appellee.

    Case Number: A01A0548

    Because a summons of process issued during a bankruptcy stay is voidable, rather than void ab initio, defendants waived their defense of insufficiency of process by failing to raise it in a timely m

  • Crawford v. Etheridge

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Gene Burkett Burkett & Schneider, Conyers, for appellant.
    for defendant: . Arthur L. Phillips, Macon, for appellee.

    Case Number: A01A0147

    Creditor's acceptance of a late payment on a promissory note cured debtor's default, thus precluding creditor from accelerating the loan and collecting its attorneys'

  • Gary Flanigan d/b/a Curry, Street, Gardner & Flanigan v. Executive Office Ctrs. Inc.

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Lorenzo C. Merritt, Statesboro, and Robert Kenner Jr., Lithonia, for appellant.
    for defendant: Michael E. Johnson and Stephen W. Riddell Troutman, Sanders, Lockerman & Ashmore, Atlanta, for appellees.

    Case Number: A01A0165

    The binding liquidated damages provision in the parties' service agreement entitled defendant to summary judgment on the plaintiff's negligence