• New v. State

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Darel C. Mitchell, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Dawn H. Taylor, Assistant District Attorney, Lawrenceville, for appellee.

    Case Number: A04A1645

    Defendant's actions in going to a restaurant armed with a BB gun, covering his face with a mask and grabbing his gun when an officer told him to put his hands in the air supported an inference that

  • Universal Management Concepts Inc. v. Noferi

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Ronald C. Melcher Universal Management Concepts Inc., and Jeffrey W. Melcher, Atlanta, for appellant.
    for defendant: M. Jerome Elmore and Von A. DuBose Bondurant, Mixon & Elmore, Atlanta, for appellee.

    Case Number: A04A1578

    The parties' settlement agreement setting forth the parameters of an arbitration award was enforc

  • American Multi-Cinema Inc. v. Walker

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Henry E. Scrudder Jr., Aaron J. Aberson Goldner, Sommers, Scrudder & Bass LLP, David M. Atkinson Magill & Atkinson, Atlanta, for appellant.
    for defendant: . Shean D. Williams, Hezekiah Sistrunk Jr. Cochran, Cherry, Givens, Smith & Sistrunk PC, Peter A. Law, and Allen L. Broughton, Atlanta, for appellee. Other party representation: Edgar S. Mangiafico Jr. Duncan & Mangiafico PC, Atlanta.

    Case Number: A04A1475

    The trial court reversibly erred in charging the jury on ratification since the charge misled the jury into believing that the defendant could be liable based solely for retaining an off-duty offic

  • Ziegler v. State

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Jonathan P. Waters, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Elizabeth K. Bobbitt, and Myra H. Kline, Assistant District Attorneys, Macon, for appellee.

    Case Number: A04A1471

    The accomplices corroborated each other's testimony in which they implicated the defendant in the armed robberies of two restaurants on two subsequent n

  • Butler v. Joseph

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: William L. Ray Jr., Roswell, for appellant.
    for defendant: Louis L. McLendon Sharon W. Ware & Assocs., Atlanta, for appellee.

    Case Number: A04A1211

    The plaintiff failed to properly serve the defendant in her personal injury

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  • D & S Elec. Inc. v. Batson

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: William R. Youngblood, Suwanee, for appellant.
    for defendant: . Michael D. Goodman Goodman & Goodman, Atlanta, for appellees.

    Case Number: A04A1026

    Questions remained as to whether the plaintiff assumed the risk of her own injuries when she placed both hands on a table that she knew had shocked other people at the newly constructed restaurant w

  • Pine Pointe Hous. LP v. Board of Tax Assessors of Lowndes County

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Edward F. Preston Coleman, Talley, Newbern, Kurrie, Preston & Holland LLP, Valdosta, for appellant.
    for defendant: Walter G. Elliott II Elliott & Blackburn, Valdosta, for appellees.

    Case Number: A04A1218

    The statutory notice requirements of O.C.G.A. § 48-5-306 did not apply where appellant elected to automatically return its prop

  • The Stone Exch. Inc. v. Surface Tech. Corp. of Ga.

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Gordon M. Berger and Glenn A. Loewenthal Berger, Collier & Loewenthal LLC, Atlanta, for appellant.
    for defendant: Dean R. Fuchs Schulten, Ward & Turner, Atlanta, for appellee.

    Case Number: A04A1402

    The Court disapproved of the language in Daly's Driving School Inc. v. Scott, 238 Ga. App. 443 1999, to the extent it suggests that, without exception, substituted service on the Secretary of State

  • MCG Health Inc. v. Nelson

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James S. V. Weston, David E. Hudson Hull, Towill, Norman, Barrett & Salley, Augusta, for MCG Health. Steven L. Beard, Marietta, for Nelson and others. Other party representation: Thurbert E. Baker, Attorney General, J. David Stubins Office of the Attorney General, Daniel J. Huff Huff, Powell & Bailey, and Francesca G. Townsend Carlock, Copeland, Semler & Stair LLP, Atlanta.
    for defendant:

    Case Number: A04A0824; A04A0825

    A question of fact remained as to whether the defendant assum obligations and liabilities of its predecessor-in-interest, such that it was liable for an alleged malpractice claim, which preda

  • Bryan v. State

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Michael A. Corbin, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Mark P. Higgins Jr., Assistant District Attorney, Dalton, for appellee.

    Case Number: A04A1512

    The trial court should have merged the defendant's convictions for methamphe possession and methamphe possession with intent to distribute with his conviction for manufacturing methamph