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  • Johnston v. Warendh

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Lloyd B. Hedrick Jr. Gray, Hedrick & Edenfield LLP, Atlanta, for appellant.
    for defendant: John W. Gibson Gibson, Deal, Fletcher & Prebula PC, Norcross, for appellees.
    Case Number: A01A1480; A01A1481

    A jury question remained as to whether two dogs were confined within the meaning of a local ordinance since they escaped from defendants' house and attacked plaintiff in defendants' front

  • Rapid Group Inc. v. Yellow Cab of Columbus Inc.

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: David A. Webster, Atlanta, for appellant.
    for defendant: Taylor W. Jones and Richard E. Harris Taylor W. Jones & Assocs., Atlanta, for appellee.
    Case Number: A01A1363

    The trial court properly held that defendants could not rely on a case that changed existing law and was decided long after the alleged malpractice occ

  • Lewis v. Lewis

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Joseph H. Fowler Hartley, Rowe & Fowler PC, Douglasville, for appellant.
    for defendant: T. Michael Flinn Law Offices of T. Michael Flinn, Carrollton, for appellee.
    Case Number: A01A1625

    Because the parties had joint physical custody of their three children, the trial court properly considered the impact of the mother's proposed move on the parties' existing custody arrang

  • Conway v. Romarion

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Stanley M. Lefco Lefco & Blumenthal, Atlanta, for appellant.
    for defendant: . Steven P. Gilliam Smith, Gilliam, Williams & Miles PA, Gainesville, for appellees.
    Case Number: A01A1299

    A merger clause in the parties' purchase and sales con did not prevent the plaintiffs from claiming fraud arising from representations in the con

  • State v. Jones

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Daniel J. Porter, District Attorney, and Donald P. Geary, Assistant District Attorney, Lawrenceville, for appellant.
    for defendant: Joseph L. Randazzo Jr., Lawrenceville, for appellee.
    Case Number: A01A1240

    The officer detained defendant without justification when he held defendant's license and questioned defendant about unrelated issues after determining that defendant's license tag was not ex

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Licker v. Harkleroad

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Jeffrey H. Schneider Weissman, Nowack, Curry & Zaleon PC, Atlanta, for appellant.
    for defendant: . David H. Flint, Lynn C. Stewart Schreeder, Wheeler & Flint, Atlanta, and Gerald Davidson Jr. Anderson, Davidson & Tate, Lawrenceville, for appellees.
    Case Number: A01A1221

    Amendments to a subdivision's restrictive covenants which allowed for the commercial use of less than all of the lots were invalid without the consent of the adversely affected property owners beca

  • Scott v. Rakestraw

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: George L. Welborn Downey, Cleveland, Parker & Williams, Marietta, for appellant.
    for defendant: Michael L. Wetzel, Stone Mountain, for appellee. Other party representation: Jerome C. Ware, Smyrna.
    Case Number: A01A1377

    Contribution claims are separate and distinct from claims asserted in underlying litig

  • Babb v. State

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Laila A. Washington, DeKalb County Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Kamaria N. Morris, Assistant District Attorney, Gwendolyn R. Keyes, Solicitor General, and Theresa S. Starkes, Assistant Solicitor General, Decatur, for appellee.
    Case Number: A01A0977

    Since the evidence showed only one physical contact, the trail court should have merge defendant's conviction for simple battery under O.C.G.A -5-23 with his conviction for battery under O.C.G.

  • Harrison v. Thurmond

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Elliott Schwalb, Anne E. Bunton and Deborah A. Johnson Atlanta Legal Aid Society Inc., Decatur, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, Kimberly B. Lewis and Susan L. Rutherford, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: A01A0846

    An employee cannot be denied unemployment benefits simply because he/she voluntarily leaves one job to seek a better pos

  • Swartz Invs. LLC v. Vion Pharm. Inc.

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Bruce H. Beerman Burr & Forman LLP, Atlanta, Ross J. Adams, Marietta, and Carlton M. Johnson Jr. Swartz Investments, Roswell, for appellant.
    for defendant: J. D. Humphries III, Paul J. Pontrelli and David S. Mohl Stites & Harbison PLLC, Atlanta, for appellee.
    Case Number: A01A1316

    A non-circumvention agreement which sought to prevent a pharmaceutical company from entering into any agreement or transaction with six named investors for a period of five years was unenforceably o