• Everchanged Inc. v. Young

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Julian H. Toporek, Savannah, for appellant.
    for defendant: Marvin A. Fentress Oliver, Maner & Gray, Savannah, for appellees.

    Case Number: S01A0649

    Plaintiff's direct appeal of the cancellation of its lis pendens was transferred to the Court of Appeals because the underlying issue involved a legal question which could be resolved without resort

  • Nolan Road West Ltd. v. PNC Realty Holding Corp. of Ga.

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James L. Paul and Matthew J. McCoyd Chamberlain Hrdlicka White Williams & Martin, Atlanta, for Nolan Road West Ltd. and Baker. J. Marbury Rainer and Charles W. Lyons Parker Hudson Rainer & Dobbs, Atlanta, for PNC Realty Holding Corp. of Georgia. Perry A. Phillips, Marietta, Lewis E. Hassett and Jessica F. Pardi Morris, Manning & Martin LLP, Atlanta, for Brannen/Goddard Co.
    for defendant:

    Case Number: A00A2394, A00A2395

    The limited partner's residence in Fulton C was sufficient to confer venue against the partnership in that c

  • McConnell Homes Inc. v. Feria

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey Golomb Morriss & Witcher PA, Atlanta, for appellant.
    for defendant: Albert Feria, Atlanta, proceeded pro se.

    Case Number: A00A1840

    The uncontroverted evidence showed that the defendant breached the parties' real estate sales contract by refusing to return the earnest money deposit after the plaintiff cancelled the contract by t

  • McDonald v. Georgia Dep't of Transp.

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Clifton M. Patty Jr. and Christopher C. Young, Ringgold, for appellant.
    for defendant: . John T. Siess, Ronald R. Womack The Womack Law Firm, Lafayette, Thurbert E. Baker Jr., Attorney General, and R.O. Lerer, Senior Assistant Attorney General, Atlanta, for appellee.

    Case Number: A00A2577

    The trial court erred in charging the jury that a property owner is not entitled to access to his land at all points on the boundary between the property and all streets, if entire access has not b

  • Calhoun v. Cullum's Lumber Mill

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert S. Kraeuter, Savannah, for appellant.
    for defendant: John E. Suthers and Christopher J. Thompson John E. Suthers PC, Savannah, for appellees. Other party representation: Ryburn C. Ratterree, Tracy O'Connell and Paul D. Meyer Ellis, Painter, Ratterree & Bart LLP, Edward M. Hughes and Timothy J. Haeussler Karsman, Brooks & Callaway PC, Savannah.

    Case Number: A01A0048

    The plaintiff's written addition of terms and restrictions to the parties' timber harvesting contract acted as a counter offer which the defendant never acc

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  • Andrews v. Boykin

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: J.L. Jordan, College Park, for appellant.
    for defendant: C. Terry Blanton, Decatur, for appellee.

    Case Number: S00A1445

    Title to pro in quiet title suit remained in the names of both tenants-in-common after their divorce because their separation agreement and divorce decree did not specifically describe the pro

  • Greene v. Team Properties Inc.

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Edmund A. Waller, Gainesville, for appellant.
    for defendant: . R. Thomas Jarrard and and Leonard D. Myers Jr. Carey, Jarrard & Walker, Gainesville, for appellees.

    Case Number: A00A2368

    The plaintiffs knew or should have known that the defendants violated the Fair Business Practice Act when the defendants obtained the plaintiffs' property without complying with O.C.G.A. § 10-1-393 b

  • Lager's LLC v. Palace Laundry Inc. d/b/a/ Linens of the Week

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: O. Jackson Cook The Cook Law Office, Steven P. Smith and Thomas B. Bosch Long, Aldridge & Norman, Atlanta, for appellant.
    for defendant: Shannan L. Freeman, Stephen M. Forte and Cele Ogawa Smith, Gambrell & Russell, Atlanta, for appellee.

    Case Number: A00A2076

    The plaintiff was not entitled to summary judgment on its open account claim because the defendant presented evidence that the plaintiff overcharged the defendant for the goods it provided under the

  • Rose v. Cain

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William S. Hardman, Gainesville, for appellant.
    for defendant: Brett D. Turner Turner & Willis PC, Gainesville, for appellee.

    Case Number: A00A2580

    Defendant who attempted to foreclosure on a fraudulent security deed was not entitled to a directed verdict on the plaintiff's fraud

  • A & D Asphalt Co. Inc. v. Carroll & Carroll of Macon Inc.

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: L. Robert Lovett Lovett, Cowart & Ayerbe LLC, Macon, for appellant.
    for defendant: . James A. Vaughn Vaughn, Wright & Stearns LLP, Forsyth, and Frederick L. Wright II, Atlanta, for appellee.

    Case Number: A00A1192

    Even if the plaintiff's first letter exercising its option to purchase leased property was ineffective, the letter did not constitute a rejection of the option which remained in effect throughout t