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  • Reynolds v. Kresge

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Richard S. Alembik, Decatur, for appellant.
    for defendant: Richard C. Kresge, Tucker, proceeded pro se.
    Case Number: A04A1461

    The appellant had notice that the appellees were seeking a permanent respite from her acts of sta

  • Amedisys Home Health Inc. v. Howard

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John C. Bruffey Jr. and Tracey W. Middlebrooks III Drew, Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: . J. Franklin Burns, Atlanta, for appellee.
    Case Number: A04A2079

    A 24-hour-on-call field nurse sustained injuries in the course of her employment when she fell in her driveway while carrying time sensitive job-related pape

  • Gregory G. Smith d/b/a Sports Express v. 6595 Corp.

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Neil A. Moskowitz, Atlanta, for appellant.
    for defendant: Jason C. Baker and Noel J. Cotney Jr. Wiles & Wiles, Marietta, for appellee.
    Case Number: A04A2002

    Summary judgment is not a proper remedy where a defendant raises a real party in interest obje

  • Payne v. State

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Sharon L. Hopkins, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Tracie J. Hobbs, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A04A2049

    A certified sexual assault nurse examiner who examined the 10-year-old victim testified that her medical findings were consistent with the victim's allegations of

  • Hough v. State

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Monte K. Davis, Atlanta, for appellant.
    for defendant: Robert Stokely, Solicitor General, Newnan, for appellee.
    Case Number: A04A1970

    The trial court improperly sentenced the defendant on both counts of a two-count accusation of DUI-less safe driver and per se DUI because they arose from the same conduct and statutory double jeopa

  • Law Journal Press | Digital Book

    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Rigo v. State

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Julian M. Treadaway, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman and Andrew J. Saliba, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A1635

    Defendant's convictions for battery and false imprisonment did not merge as a matter of law or fact since the evidence showed that the defendant bruised his wife's throat by strangling her after he

  • Glenn v. State

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Donald P. Geary, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A04A1736

    The arresting officer had authority to stop and arrest the defendant for driving erratically, making an improper right turn across three lanes of traffic and making a right hand turn without sign

  • Vara v. Essex Ins. Co.

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Walter D. Adams, Brunswick, for appellant.
    for defendant: . Jonathan B. Davis Alston & Bird LLP, Atlanta, and Gregory T. Carter Whelchel, Brown, Readdick & Bumgartner, Brunswick, for appellee. Other party representation: John R. Ferrelle, Brunswick.
    Case Number: A04A1900

    The insureds' third-party complaint against their insurer was the proper legal procedure for determining whether the insurer is or may be liable to them under an indemnity insurance agreement in th

  • Payne v. Terrell

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Donald D. Stack Stack & Assocs. PC, and Jonathan L. Schwartz, Atlanta, for appellant.
    for defendant: . J. Douglas Stewart, Stewart, Melvin & Frost, Gainesville, for appellees.
    Case Number: A04A1696

    The defendants' proposed construction of four large commercial poultry houses next to the plaintiffs' properties would constitute a nuisance, since the defendants had an alternative site available o

  • Masters v. Clark

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Richard J. Dreger Dreger, McClelland & Pieschel LLP, Alpharetta, for appellant.
    for defendant: Carol V. Clark and Monica K. Gilroy McCalla, Raymer, Padrick, Cobb, Nichols & Clark LLC, Roswell, for appellee.
    Case Number: A04A1517

    Plaintiff's motion for clarification was, in substance, an untimely motion for reconsideration, which he filed after expiration of the term of court in which the order in question was en