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  • Scott v. Mamari Corp.

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Michelle L. Davis Newman, Sapp & Davis, Atlanta, for appellant.
    for defendant: J. Douglas Stewart Stewart, Melvin & Frost, Gainesville, for appellee.
    Case Number: A99A1757

    The plaintiff was only an incidental beneficiary of the loan agreements between the defendant's predecessor-in-interest and the resort where the plaintiff performed reconstruction

  • Multifamily Mortgage Trust 1996-1 v. ARA Assocs.-Shangri-La Ltd.

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Frank W. Deborde, Robert C. Threlkeld and Beth E. Rogers Morris, Manning & Martin LLP, Atlanta, for appellant.
    for defendant: . James K. Quillian, William M. Droze and Thomas E. Reilly Troutman Sanders, Atlanta, for appellees.
    Case Number: A99A2228

    The trial court had to look at the intent of the parties to determine whether the plaintiff could deduct the costs of extensive repairs to its apartment complex as operating expenses under an agreem

  • Gwinnett-Club Assocs. v. Southern Elec. Supply Co.

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Ira L. Rachelson Rachelson & White, Atlanta, for appellant.
    for defendant: Dock H. Davis, Atlanta, for appellee.
    Case Number: A99A1641

    Even though debtor's bankruptcy stayed cement of creditor's action to recover on a materialman's lien, creditor still had to file a notice of commencement of that action to preserve its right t

  • Nairon v. Land

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gary C. Harris, Clayton, for appellant.
    for defendant: James G. Killough Zimmerman & Assocs., Atlanta, for appellees. Other party representation: Shelby A. Outlaw The Outlaw Firm, Decatur.
    Case Number: A99A2042

    The plaintiff could not sue the defendants for intentional or negligent infliction of emotional distress based on their filing an abusive lawsuit against him, since the abusive litigation statute p

  • Mitchell v. State

    Publication Date: 2000-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael S. Bennett Sr. and Jim T. Bennett The Bennett Law Firm, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Bradfield M. Shealy, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A99A2445

    The defendant presented no evidence to support his theory that the arresting officers edited their reports to conceal flaws in the prosecution's

  • Law Journal Press | Digital Book

    Law and Practice of Secured Transactions: Working with Article 9

    Authors: Richard F. Duncan, William H. Lyons, Catherine Lee Wilson

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  • In re Thigpen

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S00Y0185, S00Y0240

    Attorney suspended indefinitely for abandoning clients' cases and failing to return their retainers and files as a result of his severe depre

  • Burt v. Skrzyniarz

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Kenneth P. Johnson and David H. Johnson McCorkle, Pedigo & Johnson LLP, Savannah, for appellant.
    for defendant: John M. Cullum, Savannah, for appellee.
    Case Number: S99A1824

    The trial court properly charged the jury that plaintiff had to present clear and convincing evidence to rebut the presumption that the parties had equal shares in their property as tenants in c

  • Lee v. American Cent. Ins. Co.

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A1378, A99A1379

    Vacating its previous decision, the Court of Appeals now holds that insurer cannot be liable for failing to add property owner to tenant's policy since owner received a copy of the policy and the mi

  • Stuckey v. McCalla

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Edward J. Dovin and Michel V. Hurley Page & Bacek, Atlanta, for appellant.
    for defendant: Scott H. Michalove, Carol V. Clark and Peter L. Lublin McCalla, Raymer, Padrick, Cobb, Nichols & Clark, Atlanta, for appellees. Other party representation: Lewis E. Hassett, Tacita A. Scott and Jessica F. Pardi Morris, Manning & Martin LLP, Atlanta.
    Case Number: A99A2427

    Parties' agreement tolling the statute of limitation for claims that would have expired between Dec. 29, 1988, and Jan. 15, 1990, did not toll the limitation period for plaintiff's breach of fiducia

  • In re Nolan

    Publication Date: 2000-01-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S99Y1809, S99Y1810, S99Y1811

    Attorney disbarred for appearing in a criminal case without informing the trial court that his license was susp