• Keilholtz v. State

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Michael R. Hauptman, Atlanta, and Thomas M. Witcher Witcher & Witcher, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Candace K. Slezak, Assistant District Attorneys, Decatur, for appellee.

    Case Number: A03A0306

    Defendant's denial that he owned the car containing the drugs was admissible since he was neither detained nor seized when he first denied that the car keys found in plain view in his hotel room wer

  • Capitol Indemnity Inc. v. Brown

    Publication Date: 2003-04-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Lynn M. Roberson and John S. Berry Swift, Currie, McGhee & Hiers, Atlanta, for appellant.
    for defendant: Jack F. Witcher, Breman, James B. Sullivan, Bruce R. Millar, Jonesboro, William H. Major III Hawkins & Parnell, and Edward H. Lindsay Jr. Goodman, McGuffey, Aust & Lindsay, Atlanta, for appellees. Other party representation: William D. Strickland Temple, Strickland, Counts & Dinges, Decatur, and Donald J. Sharp, Woodstock.

    Case Number: A02A1982

    An assault or battery exclusion in a general liability insurance policy applied to any claim for bodily injury arising out of an assault, not just those resulting from assaults by the insured securi

  • Petzelt v. Tewes

    Publication Date: 2003-04-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Michael Weinstock and Andrew J. Coomes Weinstock & Scavo PC, Atlanta, for appellant.
    for defendant: . Vicki M. McGinty and Rudolph P. Powell Jr. Love, Willingham, Peters, Gilleland & Monyak LLP, Atlanta, for appellees.

    Case Number: A02A2157

    A jury question remained as to whether the treating anesthesiologist misrepresented to the plaintiff that his referring orthopedic surgeon was fully aware of and approved of her treatment plans for

  • Jones v. State

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Harold A. Sturdivant and Michele W. Ogletree Sullivan, Sturdivant & Ogletree PC, Griffin, for appellant.
    for defendant: William T. McBroom III, District Attorney, Thomaston, and Daniel A. Hiatt, Chief Assistant District Attorney, Griffin, for appellee.

    Case Number: A02A1803

    The defendant did not waive his right to open and close argument by quoting one word from the arresting officer's initial report for impeachment pur

  • Hadavi v. Palmer

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Jahangeer Habibi, Marietta, for appellant.
    for defendant: John M. Miles, Snellville, for appellee.

    Case Number: A02A2082; A02A2083

    The Court remanded for the trial court to determine the cause, reasonableness and excusability of plaintiff's delay in filing the trial trans

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  • Northeast Ga. Health Sys. Inc. v. Danner

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Emily C. Bagwell and Thomas M. Cole Whelchel, Dunlap & Gignilliat, Gainesville, for appellant.
    for defendant: . T. Russell Mobley Jr., Powder Springs, for appellee. Other party representation: Lee Southwell State Bd. of Workers' Compensation, Atlanta.

    Case Number: A02A1704

    The employer substantially complied with the requirement to timely pay a workers' compensation settlement where the postal service forwarded the employee's settlement check to her current address wi

  • Brogdon v. Pro Futures Bridge Capital Fund LP

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Timothy J. McGaughey, Norcross, and Charles W. Whitney Duane, Morris LLP, Atlanta, for appellant.
    for defendant: Gary W. Marsh, Lawrence A. Slovensky McKenna, Long & Aldridge LLP, Atlanta, Susie H. Jacks, James T. Markus and Donald J. Quigley Block Markus Williams LLC, Denver, Colo., for appellee.

    Case Number: A02A2169

    An agreement for the purchase of company stock and an agreement guaranteeing repurchase of that stock within a year were clearly separate where the defendant signed the former agreement on behalf of

  • Pendley Quality Trailer Supply Inc. v. B&F Plastics Inc.

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert G. McCurry Minor, Bell & Neal, Dalton, for appellant.
    for defendant: Robert H. Smalley III McCamy, Phillips, Tuggle & Fordham, Dalton, for appellee.

    Case Number: A02A2055

    Defendant failed to prove its counterclaim for fraud where it presented no evidence showing that it lost customers due to plaintiff's allegedly fraudulent beh

  • Smith v. Local Union 1863, Int'l Longshoremen's Assoc. of Clerks and Checkers

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Walter D. Adams, Brunswick, for appellant.
    for defendant: Carl G. Fulp III Fulp & Holt, Valdosta, and Donald E. Pinaud Jr. Kattman & Pinaud, Jacksonville, Fla., for appellee.

    Case Number: A02A2397

    The trial court erred in dismissing the plaintiff's suit under the Georgia Equal Employment for Persons With Disabilities Code where the allegations in his complaint virtually tracked parts of the

  • Willis v. McClain Indus. of Ga. Inc.

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Neal B. Graham Buzzell, Graham & Welsh LLP, Macon, for appellant.
    for defendant: Charles E. DuBose Jr. and Richard C. Kissiah Kissiah & Lay, Alpharetta, for appellees. Other party representation: Lee Southwell State Bd. of Workers Compensation, Atlanta, and John R. Sikes, Macon.

    Case Number: A02A2001

    The trial court properly denied the plaintiff's petition to enforce his workers' compensation award where the evidence showed that the defendants paid the award to the Child Support Enforcement Unit