• J & E Builders Inc. v. R C Dev. Inc.

    Publication Date: 2007-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Mark G. Trigg and Hayden R. Pace Greenberg Traurig, Atlanta, for appellant.
    for defendant: Arthur B. Edge IV Wood, Odom & Edge PA, Newnan, for appellee.

    Case Number: A07A0208

    Even if a purchase and sale agreement was ambiguous as to whether the buyer had to provide a set of restrictive covenants at closing, the ambiguity must be resolved most strongly against the seller'

  • Shirley v. Ficcarotta

    Publication Date: 2007-05-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Bryan P. Hilton, Douglasville, for appellant.
    for defendant: Joseph H. Fowler and Tara P. Kinney Hartley, Rowe & Fowler PC, Douglasville, for appellee.

    Case Number: A07A0269

    The plaintiff waived his right to a default judgment by not raising the issue prior to the he

  • Brown v. State

    Publication Date: 2007-05-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Willie W. Brown, Morgan, proceeded pro se. Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    for defendant:

    Case Number: A07A0086

    The defendant falsely presented a receipt to the county board of commissioners, which had a "1" added to the "300" he paid to rent an aquatic center, in differen

  • Gregoire v. State

    Publication Date: 2007-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Carmen D. Smith, Solicitor General, Atlanta, for appellee.

    Case Number: A07A0034

    Evidence of defendant's erratic driving behavior, his characteristics and demeanor after stop, his failure on field sobriety evaluations and his admission that he consumed ' "a couple" ' of beers on

  • Jones v. State

    Publication Date: 2007-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Patrick G. Longhi, Atlanta, for Jones. Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for McCoy. Paul L. Howard Jr., District Attorney, Elizabeth A. Baker and Stephany J. Luttrell, Assistant District Attorneys, Atlanta, for appellee.
    for defendant:

    Case Number: A07A0555; A07A0556

    The court properly instructed the jurors to disregard the prosecutor's inappropriate closing comments, rather than granting a mis

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  • State v. Bryant

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, and Ayana C. Curry, Assistant District Attorney, Atlanta, for appellant.
    for defendant: George O. Lawson Jr. Lawson & Thornton, Atlanta, for appellee.

    Case Number: A06A2138

    The officers had probable cause to believe defendant had cocaine in his vehicle and lawfully arrested him without a warrant, based on a confidential informant's reliable inform

  • In the Interest of B. S.

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jon C. Rhoades, LaGrange, and Jerry F. Pittman Public Defender's Office, Carrollton, for appellant.
    for defendant: Nina M. Baker, Solicitor General, LaGrange, and Julian A. Mack, West Point, for appellee.

    Case Number: A07A0467

    Evidence that the juvenile asked the victim for a cigarette, reached out to the victim's pocket and grabbed his jacket prior to shooting him supported the juvenile's delinquency adjudication for cri

  • Hilb, Rogal & Hamilton Co. of Atlanta Inc. v. Holley

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert P. Foster and Rebecca J. Jakubcin Fisher & Phillips LLP, Atlanta, for Hilb, Rogal and Hamilton. Matthew T. Gomes Nelson, Mullins, Riley & Scarborough LLP, and Stephen W. Mooney Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for Holley.
    for defendant:

    Case Number: A06A1657; A06A1658

    A restrictive covenant precluding the defendant from ' " accepting an entreaty" ' from known or prospective customers was overly broad and unenforc

  • Department of Community Health v. Puritt Corp.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Evan R. Kaplan and Michelle Townes, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: . Glenn P. Hendrix and Richard E. Gardener III Arnall, Golden & Gregory, Atlanta, for appellee.

    Case Number: A06A2339

    The superior court erred in reversing the final administrative decision of the Georgia Department of Community Health's final decision in a case involving Medicaid reimbursement to a nursing home, s

  • Ivey v. State

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and David J. Getachew-Smith District Attorney's Office, Atlanta, for appellee.

    Case Number: A07A0416

    Given the overwhelming evidence of the defendant's guilt, the trial court did not abuse its discretion in refusing to grant a mistrial after a witness testified that police pulled out a crack pipe w