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Publication Date: 2002-11-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: John J. Almond and Kerry H. Joedecke Rogers & Hardin LLP, Atlanta, for appellant.
for defendant: Fred J. Hanna, Roy D. Reagin Jr. and Jerry C. Tootle Jr. Frederick J. Hanna & Assocs., Marietta, for appellee. Other party representation: Charles B. Waters Jr., Richard S. Loudermilk Weissman, Nowack, Curry & Wilco PC, and Michael E. Ray Wachovia Bank of Ga. NA, Atlanta.
Case Number: A02A1637
A stay of a garnishment proceeding based on a consent order between the p ff and one defendant relieved the remaining defendant from its obligation to answer the garnishment comp
Publication Date: 2002-11-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Tom Pye Chesnut, Livingston & Pye PC, Doraville, for appellant.
for defendant: R. Randy Edwards Kilpatrick Stockton LLP, Atlanta, for appellee.
Case Number: A02A1416
No jury question remained as to the termination date of the parties' lease since the tenant's notice contained an obvious typographical error in the surrender date which the landlord acknowledged an
Publication Date: 2002-11-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Ted B. Herbert, Marietta, for appellant.
for defendant: Patrick H. Head, District Attorney, Bruce D. Hornbuckle and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
Case Number: A02A1451
Even though defendant did not negotiate stolen checks, their value could be added to the value of the cash stolen to support the defendant's convictions for felony theft by t
Publication Date: 2002-10-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Gary Hill Hill & Bleiberg, Atlanta, for appellant.
for defendant: H. Jerome Strickland, Christopher B. Jarrard Jones, Cork & Miller LLP, and Bradley J. Survant Reynolds & McArthur, Macon, for appellee.
Case Number: A02A1346
Disputed issues remained as to whether a negligent driver would have hit the plaintiff's car if a utility repairman who was performing work on the roadside had placed a warning sign on his utility t
Publication Date: 2002-10-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Pamela T. Britt, Grayson, for appellant.
for defendant: Daniel J. Porter, District Attorney, Jeanette J. Fitzpatrick, and Phil Wiley, Assistant District Attorneys, Lawrenceville, for appellee.
Case Number: A02A1535
Although the prosecutor explained that he struck the sole prospective African-American juror because he had a prior bad experience with a white police officer, the underlying concern was the juror's
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Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2002-10-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: John T. Strauss, Walton County Public Defender, Monroe, for appellant.
for defendant: William K. Wynne Jr., District Attorney, and Jeffrey L. Foster, Covington, for appellee.
Case Number: A02A1633
Defendant committed attempted armed robbery when he threatened an 80-year-old victim in her home with a knife and demanded money from her and he committed a separate offense of aggravated assault wh
Publication Date: 2002-10-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Ralph F. Simpson Simpson & Cross, and Joseph I. Carter, Tifton, for appellant.
for defendant: Joseph B. Gray Jr.,Tifton, for appellee. Other party representation: Thomas H. Pittman, Tifton.
Case Number: A02A1519
The defendant, who was present when the plaintiff's visibly intoxicated daughter fell off a balcony to her death, was entitled to summary judgment in a negligence action because he assumed no duty
Publication Date: 2002-10-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
for defendant: Daniel J. Porter, District Attorney, and Jennifer Kolman, Assistant District Attorney, Lawrenceville, for appellee.
Case Number: A02A0858
The trial court did not abuse its discretion in denying the defendant's request to excuse two jurors for cause based on the fact that they had family members who were victims of violent
Publication Date: 2002-10-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Robert M. Dyer Robert M. Dyer & Assoc., Canton, for appellant.
for defendant: . Richard A. Jones Abernathy & Ballinger, Canton, Michael J. Bowers and David J. Marmins Meadows, Ichter & Trigg PC, Atlanta, for appellee.
Case Number: A02A1272
Under a strict reading of a subdivision's restrictive covenants, the defendant could not be enjoined from placing real estate signs on other property owner's
Publication Date: 2002-10-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: R. Krannert Riddle Karsman, Brooks & Callaway PC, Savannah, for appellant.
for defendant: Lloyd D. Murray Lloyd D. Murray & Assocs., and Todd H. Martin, Richmond Hill, for appellees. Other party representation: Timothy D. Roberts Oliver, Maner & Gray, Savannah.
Case Number: A02A1578; A02A1579
The plaintiff was not entitled to prejudgment interest because her pretrial demand letters indicated that the litigation would continue until the defendants paid an aggregate sum which was greater t
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