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  • Allen v. Dominy

    Publication Date: 2000-05-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Arthur L. Phillips Phillips & Phillips, Macon, for appellant.
    for defendant: Walter J. Lane Jr., Macon, for appellee.
    Case Number: S00A0215

    When the defendant deeded the decedent's property to herself in fee simple, she breached her duty as the decedent's agent to obtain a deed which would protect and provide for the decedent's

  • McGee v. State

    Publication Date: 2000-05-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Lee Sexton Lee Sexton & Assocs. PC, Jonesboro, for appellant.
    for defendant: William T. McBroom III, District Attorney, Fayetteville, Randall K. Coggin, Assistant District Attorney, Thomaston, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0524

    The investigator was not required to retain any rough notes that he made while investigating the murder of defendant's

  • Little v. City of Lawrenceville

    Publication Date: 2000-05-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Virgil L. Thompson Jr. Thompson & Sweeny PC, Lawrenceville, for appellant.
    for defendant: Anthony O.L. Powell Webb, Tanner & Powell LLP and Ray B. Burruss Jr., Lawrenceville, for appellees.
    Case Number: S00A0139

    O.C.G.A. § 36-67A-2 did not preclude the city council member from taking action in support of his zoning application after he properly disclosed his interest and disqualified himself from voting on

  • Cotton v. Cotton

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Richard W. Schiffman Jr. and Kurt A. Kegel Davis, Matthews & Quigley PC, Atlanta, for appellant.
    for defendant: Kenneth I. M. Behrman and Kenneth H. Schatten, Atlanta, for appellee.
    Case Number: S99A1679

    Trial court should have admitted the parties' original divorce decree which set out the husband's alimony obligation since it established the judgment he was seeking to m

  • Northeast Ga. Med. Ctr. Inc. v. Davenport

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thomas M. Cole Whelchel & Dunlap LLP, Gainesville, for appellant.
    for defendant: John M. Brown, Augusta, Jack S. Schroder Jr. and Nichole J. Staff Alston & Bird, Atlanta, for appellee.
    Case Number: S99G1082

    Hospital met notice requirements for peer review under the Health Care Quality Improvement Act since it informed doctor in writing that it wished to revoke his staff privileges based on recurring p

  • Law Journal Press | Digital Book

    Land Use Law: Zoning in the 21st Century

    Authors: Brent Denzin, Julie A. Tappendorf, Adam Simon, David S. Silverman, Gregory W. Jones, Daniel J. Bolin

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  • Crisp Area Y.M.C.A. v. NationsBank NA, Ex'r

    Publication Date: 2000-02-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Lawrence W. Roberts and David N. Rainwater Roberts, Rainwater & Ingram LLP, Cordele, for appellant.
    for defendant: G. Russell Wright Wright, Hyman & Pack PC, Clifford W. Harpe Jr., Cordele, James H. Moore III, Edgar W. Duskin Jr. Moore, Clarke, Duvall & Rodgers PC, and A. Lee Hayes, Albany, for appellees.
    Case Number: S99A1630

    Since the city YMCA was already inactive when testator executed his will, his intent to leave the organization $100,000 was clear and the doctrine of cy pres did not apply to transfer the bequest to

  • Thelen v. State

    Publication Date: 2000-02-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Alfred L. King Jr., Jonesboro, for appellant.
    for defendant: Harry A. Osborne, Jonesboro, for appellee.
    Case Number: S99A1748

    County ordinance prohibiting unnecessary or unusual noise that annoys or disturbs someone within 50 feet is unconstitutionally vague since whether a violation occurs depends on the ear of the indivi

  • Hightower v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Wilbur T. Gamble III Colquitt & Gamble LLP, Dawson, for appellant.
    for defendant: Charles M. Ferguson, District Attorney, Cuthbert, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wesley S. Wood, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0087

    Defendant's statements during several interviews at the police station before he was given Miranda rights were admissible since he was not in custody at the time and his statements were not inculp

  • Parker v. Clary Lakes Recreation Ass'n Inc.

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John T. Sparks and John B. Austin Austin & Sparks PC, Atlanta, for appellant.
    for defendant: William A. Dinges Temple, Strickland, Counts & Dinges, Decatur, for appellee.
    Case Number: S00A0099

    Evidence that homeowners' association would suffer greater harm if it could not increase assessments than plaintiff would suffer if assessments were increased supported denial of his request to enjo

  • Shazer v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Ernie M. Sheffield, Colquitt, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Bainbridge, Robert R. Auman, Chief Assistant District Attorney, Cairo, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0035

    Evidence that defendant threatened to kill his wife if she left him, that the wife died from a gunshot wound inflicted with a pistol held against her chest and that the gun could not have fired acci