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Publication Date: 2002-08-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: John W. Donnelly Univ. of Ga. School of Law, Athens, for appellant.
for defendant: Kenneth W. Mauldin, District Attorney, and Anna E. Watkins, Assistant District Attorney, Athens, for appellee.
Case Number: A02A0820
The trial court was not required to hold a pre-trial hearing on the admissibility of prior difficulties evidence in an aggravated stalking
Publication Date: 2002-08-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Michael J. Hannan III and Allen S. Willingham Love & Willingham, Atlanta, for appellant.
for defendant: Jeffrey G. Casurella Law Offices of Jeffrey G. Casurella, Atlanta, Jerry A. Landers Jr. Browning & Tanksley, Marietta, John C. Bell Jr. Bell, James & Bentley, Augusta, and M. Scott Barrett Barrett & Assocs., Chicago, Ill., for appellees.
Case Number: A02A0476
The trial court did not abuse its discretion in granting class certification for claims against a life insurance company regarding underpayment of post-mortem interest on life insurance pro
Publication Date: 2002-07-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: James D. McDade, District Attorney, Pamela D. Brophy, Assistant District Attorney, Douglasville, for appellant.
for defendant: Dan N. Winn, Douglasville, for appellee.
Case Number: A02A0339
The trial court properly suppressed evidence of marijuana found in the defendant's car after a valid traffic stop because the defendant's nervousness and the smell of laundry detergent without more
Publication Date: 2002-07-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Albert H. Dallas The Dallas Law Firm, Thomson, Randall A. Constantine Mazursky & Dunaway LLP and Robert E. Richardson, Atlanta, for appellant.
for defendant: Robert M. Darroch and Gino L. Montoya Mabry & McClelland LLP, Atlanta, for appellee.
Case Number: A02A0493
Defendant was not entitled to summary judgment in the plaintiffs' coverage suit, even though they misrepresented certain facts in their insurance application, because an issue of fact remained as to
Publication Date: 2002-07-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Malcolm Smith, Kevin A. Doyle Lokey & Smith and Linda A. Klein Gambrell & Stolz, Atlanta, for appellant.
for defendant: Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, Gene Cantrell, Lawrenceville, Thomas W. Malone and Stuart B. Houck Thomas William Malone PC, Atlanta, for appellees. Other Party Representation: Paul R. Vancil, Chapel Hill, N.C., and Dennis G. Lovell Jr., Atlanta.
Case Number: A02A0733
There was evidence that a demolition subcontractor exercised sufficient control over the manner, method and means of execution of the work of another company's employee to create a jury issue regard
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Authors: Janet K. Colaneri
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Publication Date: 2002-07-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: David F. Root Webb, Carlock, Copeland, Semler & Stair and David P. Gessert, Atlanta, for appellant.
for defendant: John C. McIntyre Jr. Hart & McIntyre, Atlanta, and Arthur S. Archibald, Athens, for appellee.
Case Number: A02A0410
Although the employer in a subsequently-dismissed subrogation action made no claim for the employee's pain and suffering, the employee was entitled to pursue that claim against the third party becau
Publication Date: 2002-07-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Richard R. Read, District Attorney, and Robert D. James Jr., Assistant District Attorney, Conyers, for appellant.
for defendant: Michael S. Waldrop Walker & Waldrop PC, Conyers, for appellee.
Case Number: A02A0311
The trial court erred in finding that a traffic stop was unauthorized where the evidence showed that defendant pulled in front of an off-duty sheriff on a multi-lane highway, causing the sheriff to
Publication Date: 2002-07-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Lynwood D. Jordan Jr., Cumming, for appellant.
for defendant: John R. Neville Banks, Stubbs & Neville, Cumming, for appellees.
Case Number: A02A0072
Because the defendant admitted under oath that he owed the plaintiff for dishonored checks, the trial court correctly construed his contradictory testimony agains
Publication Date: 2002-07-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: A. Martin Kent, Suzanne R. Bogle Kent, Sigman & Bogle and Abda L. Quillian, Savannah, for appellant.
for defendant: Christopher D. Britt, Brent J. Savage Savage, Turner, Pinson & Karsman and Albert E. Clark, Savannah, for appellees.
Case Number: A02A0803
Payment of litigation expenses from a prior federal action is not a prerequisite to filing a renewal
Publication Date: 2002-07-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Barbara J. Gale Gale & Henry, Rome, for appellant.
for defendant: Ronald G. Shedd, Rome, for appellee.
Case Number: A02A0091
The trial court lacked authority to jail the defendant for two days before signing a supersedeas order after she complied with OCGA § 5
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