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  • Hulcher Servs. Inc. v. R.J. Corman R.R. Co. LLC

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Alan E. Lubel, Mary F. Mackin and Andrew M. Greene Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: Frederick T. Smith and Donna L. Keeton Seyfarth Shaw Fairweather & Geraldson, Atlanta, for appellees.
    Case Number: A00A2475

    Georgia trial courts will not apply choice of law clauses in employment contracts where the chosen law contravenes Georgia public p

  • S & A Indus. Inc. v. Bank Atlanta

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Larry J. White and Laurence H. Margolis Smith, White, Sharma & Halpern, Atlanta, for S & A Industries Inc. John A. Christy and Timothy C. Batten Schreeder, Wheeler & Flint, Atlanta, for Bank Atlanta.
    for defendant:
    Case Number: A00A1398; A00A1399

    A jury issue remained as to whether the defendant's president had authority to withdraw funds on the corporation's line-of-credit for his persona

  • Bell v. Bell

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Edward Bell, Dublin, proceeded pro se. James V. Hilburn Jones, Hilburn & Claxton, Dublin, for appellee.
    for defendant:
    Case Number: A00A1931, A01A0003

    Because defendant did not seek an order staying an injun pending his appeal, the trial court retained authority to hold defendant in contempt for failing to comply with the injun

  • Williams v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Charles D. Strickland, Lavonia, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, and Richard K. Bridgeman, Assistant District Attorney, Hartwell, for appellee.
    Case Number: A00A2376

    Because the evidence showed that defendant was in actual possession of the cocaine buried in his backyard, he could not claim harmful error arising out of the superior court's charge indicating that

  • In the Interest of M.H.

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ann N. Garner, Stone Mountain, for appellant.
    for defendant: Jonath A. Morrow, Solicitor, and Jimmy L. Tarver, Assistant Solicitor, Decatur, for appellee.
    Case Number: A00A2023

    The juvenile lacked standing to challenge the search of someone else's hotel

  • Harris v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gregory A. Hicks, Woodstock, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Scott T. Poole, Canton, for appellee.
    Case Number: A00A2479

    There was no evidence that the defendant exerted possession or control over the stolen vehicle while he was riding as a passenger in th

  • Payne v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1679

    Defendant was not entitled to a mistrial based on the prosecutor's closing argument that defendant's voluntary use of alcohol and drugs did not excuse his co

  • Ketchup v. Howard

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Linnie L. Darden III Jones, Osteen, Jones & Arnold, Hinesville, for appellant.
    for defendant: David R. Smith Branan, Searcey & Smith, Savannah, for appellee.
    Case Number: A00A0987

    The Court of Appeals adopted the common law doctrine of informed consent providing that physicians and dentists have a duty to inform patients of the known material risks of a proposed treatment or

  • In re Adams

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Harlan S. Miller III Parks, Chesin & Miller PC, Atlanta, Hollie G. Manheimer and E. Stephanie Stuckey Stuckey & Manheimer LLC, Decatur, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Kathryn L. Allen, Senior Assistant Attorney General, Rebecca S. Mick, Assistant Attorney General, and Hulett H. Askew, Director Officer of Bar Admissions, Atlanta, for appellee.
    Case Number: S01A0577

    Bar applicant who secured a military discharge by falsely stating under oath that he was a homosexual was denied certification of fitness to practic

  • Jones v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Ronald G. Shedd, Rome, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Herbert M. Poston Jr., Assistant District Attorney, Dalton, for appellee.
    Case Number: A00A2576

    The defendant was not entitled to an instruction on the standard applicable to a waiver of his Sixth Amendment right to counsel at the time he confessed because adversary judicial proceedings had n