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  • In re Estate of L.C. Reece

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Donald L. Mize, Marietta, for appellant.
    for defendant: William R. Johnson and Melissa W. Gilbert Moore, Ingram, Johnson & Steele, Marietta, for appellee. Other party representation: a. Gregory Poole Dupree, Johnson & Poole, Marietta.
    Case Number: A99A2443

    Because widow did not make sure that all interested parties were served notice of her petition for year's support within the 3-year statute of limitation, her petition was properly dism

  • American Net Inc. v. U.S. Cover Inc.

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John R. Neville Banks, Stubbs & Neville, Cumming, for appellant.
    for defendant: J. Arthur Lee Jr., Atlanta, for appellee.
    Case Number: A99A2372

    Magistrate courts have jurisdiction over all claims relating to dispossessory actions, regardless of whether the amounts sought in those claims exceed the magistrate courts' jurisdictional

  • Rayborn v. Long

    Publication Date: 2000-05-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Thomas L. Lehman Porter, Lehman & Chason, Cairo, for appellant.
    for defendant: David A. Kendrick Kirbo & Kendrick, Bainbridge, for appellees.
    Case Number: A00A0056

    The seller's real estate agent did not create a fiduciary relationship with the prospective buyer when he gave him a sales contract offering a sales price that he believed the seller would a

  • Yearwood v. Southern Life Sys. Inc.

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Pat E. Belcher II Belcher, Pakchar & Sams, Atlanta, for appellant.
    for defendant: Brent J. Savage Savage, Herndon & Turner PC, Savannah, for appellee.
    Case Number: A99A2472

    The defe s former district manager was not entitled to receive continuing commissions on accounts he originated while working for the defe

  • Sweatt v. International Dev. Corp.

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joseph S. Carr and Jeanine L. Gibbs Altman, Kritzer & Levick PC, Atlanta, for appellant.
    for defendant: . Howard R. Ronick Smith, Corbin & Ronick PC, Atlanta, for appellees.
    Case Number: A99A1672

    The arbitrator overstepped his authority when he awarded damages to the sellers in excess of the buyers' earnest money since the construction contract specifically provided that the seller could rec

  • Law Journal Press | Digital Book

    Wage & Hour Collective and Class Litigation

    Authors: Noah A. Finkel, Brett C. Bartlett, Andrew M. Paley

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  • Mullinax v. Miller

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: William G. Hasty Jr. and Jonathan A. Pope, Canton, for appellant.
    for defendant: . Edwin Marger, Jasper, for appellees. Cheryl Sams, Talking Rock, proceeded pro se.
    Case Number: A99A2038

    In a case of first impression, the Court determined that the defendant was not liable for contributing background information for a published article that accused the plaintiffs of stealing property

  • Artzner v. A & A Exterminators Inc.

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Carol V. Clark and Peter L. Lublin McCalla, Raymer, Padrick, Cobb, Nichols & Clark, Atlanta, for appellant.
    for defendant: . G. Melton Mobley Lokey & Smith, Atlanta, for appellees. Other party representation: Allen R. Hirons Krause & Hirons, Marietta.
    Case Number: A00A0620

    The plaintiffs could not rely on a termite inspection report that stated there was no active infestation in the home they purchased from the defendant since they knew the home had prior termite dam

  • Kuehn v. Selton & Assocs.

    Publication Date: 2000-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Mark A. Kelley Kitchens Kelley Gaines PC, Atlanta, for appellant.
    for defendant: William M. Droze and Daniel S. Reinhardt Troutman Sanders, Atlanta, for appellee.
    Case Number: A99A1904, A99A1905

    Defendant could not enforce a restriction in its former broker's employment contract which prohibited broker from competing with defendant indefin

  • Department of Transp. v. Arnold

    Publication Date: 2000-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, R.O. Lerer, Assistant Attorney General, Donna W. Howell James S.S. Howell Law Offices, Robert W. Diggs Weiner, Yancey & Dempsey and Mark Weinstein, Atlanta, for appellant.
    for defendant: Luke F. Gore Gore, Lee & Curry, Austell, for appellee.
    Case Number: A00A0646

    Owner of condemned property could recover for his post-taking business losses because he showed that he had to relocate his chiropractic clinic after the DOT condemned most of his parkin

  • Lovell v. Anderson

    Publication Date: 2000-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Robert M. Dyer Dyer & McElyea, Canton, for appellant.
    for defendant: Susan S. Stuart and Robert D. Ingram Moore, Ingram, Johnson & Steele, Marietta, for appellee.
    Case Number: A00A0721

    Landowner's written grant of permission for his nephew to go on any of his land was at most a revocable license that expired when the landowner