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  • Hoffman v. Fletcher

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Walter R. Finch III Finch & Finch, Athens, for appellant.
    for defendant: James C. Warnes II, Athens, for appellee. Other party representation: Scott P. Hilsen Nelson, Mullins, Riley & Scarborough, Atlanta.
    Case Number: A00A0126

    Sellers disclosure of prior drainage problems and repairs put buyer on notice of such condi

  • Jackson v. State

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: C. David Turk III Germano, Kimmey PC, Dawsonville, and Jason S. Williams, Dahlonega, for appellant.
    for defendant: Norman S. Gunter, District Attorney, and Gerald W. Bruce, Assistant District Attorney, Dahlonega, for appellee. Other party representation: Kerry L. Ingram Clark & Williams LLC, Dahlonega.
    Case Number: A00A0552

    Trial court's statement that defendant lost her right to first offender s when she went to trial revealed its mechanical policy of refusing to consider first offender s

  • Jerrell d/b/a Major Computer Indus. v. Three Crowns Antiques Ltd.

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Jonathon W. Hickman Rosensweig, Jones & MacNabb, Newnan, for appellant.
    for defendant: Philip S. Coe, Fayetteville, for appellee.
    Case Number: A00A0060, A00A0061

    Defendant could not directly appeal the original attorney fee award to plaintiff since the trial court ed the award on the condition that defendant would get a new trial if plaintiff refused th

  • Hudson v. J.H. Harvey Co.

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Herbie L. Solomon, Albany, for appellant.
    for defendant: Carl G. Fulp III, Robert M. Clyatt and Sandra K. Sanders Clyatt, Clyatt, Wallace & DeVaughn, Valdosta, for appellee.
    Case Number: A00A0664

    Defendant was entitled to summary judgment because plaintiff did not show why she slipped when she entered defendant's

  • State v. Watson

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Lydia J. Sartain, District Attorney, and E. Paul Stanley, Assistant District Attorney, Gainesville, for appellant.
    for defendant: George H. Law III, Gainesville, for appellee.
    Case Number: A00A0698

    Trial court properly suppressed defendant's testimony at his pro se preliminary hearing, because the state failed to show that defendant knowingly and intelligently waived his right to counsel befor

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  • Vaughn v. State

    Publication Date: 2000-06-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Thomas R. Morgan Jr., Woodbury, for appellant.
    for defendant: Griffin E. Howell III, Solicitor, Griffin, for appellee.
    Case Number: A00A0163

    Police officer did not have to have articulable suspicion to inquire as to the defendant's name, identification and why he was at an apparently vacant

  • Cox v. State

    Publication Date: 2000-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Ernie M. Sheffield, Colquitt, for appellant.
    for defendant: J. Brown Moseley, District Attorney, and Anthony E. Paulsen III, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A00A0198

    There was sufficient evidence to corroborate accomplice's testimony implicating defendant in the armed robbery of a convenience

  • Patterson v. Southeastern Newspapers Inc.

    Publication Date: 2000-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2225, A99A2238

    Whether the newspaper's relief manager was acting within the scope of his employment when he killed plaintiff's husband while driving home after covering a delivery route on his night off at the req

  • Griffeth v. Principal Mut. Ins. Co.

    Publication Date: 2000-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Kenneth S. Canfield, David S. Hagy Doffermyre, Chields, Canfield, Knowles & Devine, Atlanta, and Edward W. Klein III Klein & Wright, Marietta, for appellant.
    for defendant: . Alan W. Loeffler, Lisa M. Beale Troutman, Sanders, Shannon F. Cox, Michael R. Smith and Liesa L. Bernardin King & Spalding, Atlanta, for appellees.
    Case Number: A99A1835

    The insureds did not have to pursue an administrative remedy before filing suit against insurer since they were not aggrieved by any administrative decision, their Georgia RICO claim alleged predica

  • Lee v. Environmental Pest & Termite Control Inc.

    Publication Date: 2000-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Albert B. Wallace, Stephen B. Wallace II and Thomas J. Smith Jr. Albert Bailey Wallace PC, for appellant.
    for defendant: . William W. Briggs Decker & Hallman, Atlanta, for appellee.
    Case Number: A99A2360

    Since findings of criminal contempt did not show more than one violation by defendants, trial court's imposition of a $5,000 fine, instead of the maximum statutory fine of $500, was exce