• Woodgrain Millwork/Windsor Wood Windows v. Millender

    Publication Date: 2001-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Gregory T. Talley Coleman, Talley, Newbern & Kurrie, Valdosta, for appellant.
    for defendant: . William E. Mitchell IV and William L. Ray, Albany, for appellee. Other party representation: Jennifer P. McKay Custer & Custer, Albany, and Lee Southwell State Board of Workers' Compensation, Atlanta.

    Case Number: A01A0463

    The employee's premature claim for occupational hearing loss ripened at the expiration of the 6-month statutory waiting p

  • Sharple v. AirTouch Cellular of Ga. Inc.

    Publication Date: 2001-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Edwin J. Schklar Roberts, Erck & Schklar, W. Pitts Carr and Render C. Freeman Carr, Tabb, Pope & Freeman, Atlanta, for appellant.
    for defendant: James R. McGibbon, Kristen J. Indermark Sutherland, Asbill & Brennan, Atlanta, Mary B. Cranston, D. Kirk Jamieson and Paul R. Griffin Pillsbury, Madison & Sutro LLP, San Francisco, Calif., for appellee.

    Case Number: A01A0139

    A jury question remained as to whether whole-minute pricing and billing is a usage of trade which plaintiff knew or had reason to know about when she entered into a cellular con

  • Interstate North Sporting Club v. Cobb County Bd. of Tax Assessors

    Publication Date: 2001-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: David K. Beals and Lisa F. Stuckey Ragsdale, Deals, Hooper & Seigler, Atlanta, for appellant.
    for defendant: Douglas R. Haynie and Harbert S. Gregory Jr. Haynie, Litchfield & Crane PC, Marietta, for appellee. Other party representation: Johannes S. Kingma Webb, Carlock, Copeland, Semler & Stair, Atlanta.

    Case Number: A01A0564

    O.C.G.A. § 48-5-311 g 2 does not prohibit a tax consulting service from requesting certification of a taxpayer's ad valorem tax a

  • Eason v. State

    Publication Date: 2001-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Greg L. Eason, Darien, proceeded pro se. Richard H. Taylor, Solicitor, Brunswick, for appellee.
    for defendant:

    Case Number: A01A0493

    Pro se defendant's signature on his uniform traffic ticket did not show that he knowingly and voluntarily waived his right to a jury

  • Suntrust Bank, Atlanta v. Atlanta Classic Cars Inc.

    Publication Date: 2001-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: James M. Sherman and Ashley H. Draughon Fleming & Ray, Atlanta, for appellant.
    for defendant: John A. Swann Freisem, Macon, Swann & Malone LLP, Atlanta, for appellee.

    Case Number: A01A0111

    A bank could not recover under a theory of money had and received based on a dealership's failure to list the bank as a lien holder on a car loan because the bank lost the opportunity to recover its

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  • In the Interest of T.R.

    Publication Date: 2001-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Richard A. Epps, Gray, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Philip B. Spivey, Milledgeville, for appellee.

    Case Number: A00A2492

    Evidence that mother was untruthful during an alcohol abuse assessment, that her younger children were in foster care as a result of her arrest and that she smelled of alcohol at the time of her arr

  • Nelson v. Silver Dollar City Inc. d/b/a White Water Park

    Publication Date: 2001-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William U. Norwood III and Jay F. Hirsch Pope, McGlamry, Kilpatrick & Morrison LLP, Atlanta, for Nelson. Brian R. Neary and Boyd B. Newton Webb, Carlock, Copeland, Semler & Stair, and Malcolm Smith Lokey & Smith, Atlanta, for White Water. Other party representation: Jon W. Burton Georgia Sheriff's Assoc. Inc., Stockbridge.
    for defendant:

    Case Number: A00A1945 & A00A1946

    A 16-year-old lifeguard was not acting within scope of employment when she left work on a paid break to retrieve food for herself and her super

  • Suntrust Bank v. Fletcher

    Publication Date: 2001-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Christopher P. Galanek and Jennifer L. Murphy Powell Goldstein Frazer & Murphy, Atlanta, for appellant.
    for defendant: William D. Strickland and Jason B. Schwartz Temple, Strickland, Counts & Dinges, Decatur, for appellees. Other party representation: Michael W. Tyler and Burleigh L. Singleton Kilpatrick Stockton LLP, Atlanta.

    Case Number: A00A2114

    Owner of property burdened by an easement appurtenant could change the location of ingress to and egress from its property because the language creating the easement expressly reserved that

  • Ricks v. State

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Charles S. Thornton Lawson & Thornton, Dwight L. Thomas, Caprice R. Small, Atlanta, and J. M. Raffauf, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Kristin L. Wood, Assistant District Attorney, Decatur, for appellee.

    Case Number: A00A1806

    Evidence that the victim tested positive for a venereal disease one year after the alleged crimes was irrelevant, absent evidence that she had the disease closer to the occurrence of the crimes or t

  • CIBA Vision Corp. v. Jackson

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Edward K. Smith and Paul G. Willaims Smith, Gambrell & Russell LLP, Atlanta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Warren R Calvert and Daniel M. Formby, Senior Assistant Attorneys General, Atlanta, for appellee.

    Case Number: A00A2123

    Free samples of contact lenses given to eye-care professionals are subject to taxation under O.C.G.A. § 48