• In the Interest of S.L.H.

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Christopher S. Warren and B. Samuel Engram Jr., Albany, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Paula K. T. Hanington, Albany, for appellee.

    Case Number: A00A2029

    The biological father's failure to legitimate his child after he was ordered to do so supported the termination of his parental r

  • Outdoor Sys. Inc. v. Wood

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: David H. Flint and Mark W. Forsling Schreeder, Wheeler & Flint, Atlanta, for appellant.
    for defendant: Jere F. Wood Wood & Perry, Roswell, for appellees. Other party representation: Mark B. McManus, Roswell.

    Case Number: A00A1208

    Since an action for trespass does not run with the land, the lessee's successor in interest lacked standing to pursue the lessee's trespass

  • Gillis v. City of Waycross

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: John M. Hatfield The Hatfield Law Firm, Waycross, for appellant.
    for defendant: . Neal L. Conner Jr. Kopp and Conner PC, Waycross, and Scott C. Crowley, Waycross, for appellees. Other party representation: Terry A. Dillard Dillard, Bower & Crowley, J.B. McGee Jr., Waycross, and Kenneth E. Futch Jr., Blackshear.

    Case Number: A00A0581

    Canon 3E of The Code of Judicial Conduct provides a broader rule of disqualification than the limited grounds set forth in O.C.G.A. § 1

  • Williams v. Young M.D. PC

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Frank J. Klosik Jr., Jason R. Manton and Robert J. McCune Green, Klosik & Daugherty, Atlanta, for appellant.
    for defendant: Thomas S. Chambless, Dawn G. Benson Watson, Spence, Lowe & Chambless and Charles K. Wainright II, Albany, for appellees.

    Case Number: A00A1393

    The Court of Appeals adopted the continuous treatment doctrine and concluded that plaintiff's medical malpractice claim was not barred as a matter of law because she filed her claim within two years

  • Shadix v.Carroll County

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Gary P. Bunch, Atlanta, for appellant.
    for defendant: . David A. Basil, Carroll County Attorney, Carrollton, Thurbert E. Baker, Attorney General, Daniel M. Formby, Deputy Attorney General, David A. Runnion and Warren R. Calvert, Senior Assistant Attorneys General, Atlanta, for appellees.

    Case Number: A99A0576

    The Court of Appeals adopted the jud of the Supreme Court which reinstated the superior court's jud

  • Joseph v. The Home Depot Inc.

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Frank M. Gaither Sr., Avondale Estate, and Frank M. Gaither Jr. The Gaither Law Group LLC, Decatur, for appellant.
    for defendant: George R. Moody and Michael R. Merlino II Drew, Eckl & Farnham, Atlanta, for appellees.

    Case Number: A00A1445

    A jury question remained as to whether a home improvement store acted with malice in continuing to prosecute the plaintiff for writing a bad check after the plaintiff provided evidence that the chec

  • Telescripps Cable Co. v. Welsh

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William D. Friend, John W. Sandifer and Mari Meyer Gerry, Friend & Sapronov LLP, Atlanta, for appellant.
    for defendant: Jeffrey G. Casurella, Marietta, Brian N. Smiley and James M. Bishop Page & Bacek, Atlanta, for appellee. Other party representation: Mark M. Middleton, Norcross.

    Case Number: A00A1179

    The plaintiffs were not entitled to recover late fees that they voluntarily paid to a cable company, even if the late fees were an unenforceable pe

  • Brock v. Sumter County Sch. Bd.

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Neal H. Howard, Atlanta and JoAnn B. Williams, Atlanta, for appellant.
    for defendant: . Thomas G. Tidwell Hawkins & Parnell, Atlanta and Mark D. Link Hertz & Link, Atlanta, for appellees.

    Case Number: A00A1131

    The school district and its employees were immune from liability for the death of a 7-year-old girl who arrived at her bus stop several minutes early and ran into the road in front of a passing

  • 350 Marietta Inc. v. Reardon

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: David L. Miller and Sharon M. Lewonski Law Offices of David L. Miller for appellant.
    for defendant: . Kenneth L. Baer, Tucker, for appellees. Other party representation: Mary D. Owens Swift Currie McGhee & Hiers LLP, Atlanta.

    Case Number: A00A1055

    The ordinary rules of venue for suits alleging breach of fiduciary duty, negligence and bad faith applied to the plaintiffs suit against three former receivers because the suit did not arise during

  • Williamson v. Harvey Smith Inc.

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: John R. Burdges, Atlanta, for appellant.
    for defendant: . Susan L. Howick Macey Wilensky Cohen Wittner Kessler, Atlanta, for appellees.

    Case Number: A00A1358

    The defendant was only entitled to recover the portion of its attorneys' fees that was allocable to the prosecution of its counter