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  • Jones v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Peter J. Ross, Atlanta, for appellant.
    for defendant: James R. Osborne, Assistant District Attorney, Dallas, and Elizabeth L. Larson, Assistant District Attorney, Buchanan, for appellee.
    Case Number: A00A2208

    The trial court lacked authority to continue the defendant's restitution payments after completion of his prob

  • Solid Waste Management Auth. of Crisp County Ga. v. Transwaste Servs. Inc.

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Edward S. Sell III, Jeffrey B. Hanson and Neil Halvorson Sell & Melton LLP, Macon, for appellant.
    for defendant: Hubert C. Lovein Jr. Jones, Cork & Miller, Macon, and Evans J. Plowden Jr. Watson, Spence, Lowe & Chambless, Albany, for appellee. Other party representation: James H. Cox and Eric W. Anderson Paul, Hastings, Janofsky & Walker LLP, Atlanta.
    Case Number: A00A1966

    The defendant was not entitled to a set-off against the principal due on a promissory that defendant signed after waiving its rights to contest its liability under the

  • White v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jerry W. Moncus, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Herbert M. Poston Jr., Assistant District Attorney, Dalton, for appellee.
    Case Number: A00A2315

    The jury could reject the defendant's alibi based on the store clerk's identification of defendant as the robber and evidence that defendant committed two very similar robb

  • Sudler v. Campbell

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Patrick L. Meriwether and Robert L. Tharp Meriwether & Tharp, Roswell, for appellant.
    for defendant: . Michael Weinstock Weinstock & Scavo PC, Atlanta, Thomas G. Sampson Thomas, Kennedy, Sampson & Patterson, Atlanta, Monica E. Ewing, Atlanta, Lemuel H. Ward and Bernard R. Thomas Sr., Senior Assistant City Attorney City of Atlanta Law Department, Atlanta, for appellees.
    Case Number: A00A2211

    The plaintiffs' appeal was moot because they did not challenge the trial court's grant of summary judgment to the defen

  • Manesh v. Baker Equip. Eng'g Co.

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Paul A. Dietrick and William P. Evans Dietrick, Evans, Stolz & Williams, Atlanta, for appellant.
    for defendant: Benjamin D. Ladner, Aaron J. Aberson Goldner, Sommers, Scrudder & Bass LLP, Philippa V. Tibbs Owen, Gleaton, Egan, Jones & Sweeney, Atlanta, and Randy D. Witzke Edmonds, Cole, Hargrave, Givens & Witzke, Oklahoma City, Okla., for appellee.
    Case Number: A00A1662

    The defendant was not entitled to summary judgment under the acceptance doctrine because the plaintiff presented evidence of the inherently dangerous nature of defendant's negligence in repairing a

  • Pena v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, and Stephen J. Berk Berk & Moss PC, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Marsha S. Lake, Assistant Solicitor General, and Maria B. Golick, Assistant District Attorney, Marietta, for appellee.
    Case Number: A00A1725

    The trial court's remark to the jury that it had granted a directed verdict on one count was neither an expression of opinion nor a comment on the evi

  • Callaway v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: August F. Siemon III, Atlanta, for appellant.
    for defendant: William T. McBroom III, District Attorney, Fayetteville, and Daniel A. Hiatt, Assistant District Attorney, Griffin, for appellee.
    Case Number: A00A0947

    To obtain a conviction for insurance fraud, the state was not required to prove that the defendant actually received payment from the insurance co

  • Bodiford v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Ernie M. Sheffield, Colquitt, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Bainbridge, for appellee.
    Case Number: A00A2213

    Although defendant claimed that others had access to his car, there was no evidence that any other person had equal access to the floorboard between defendant's feet where the crack cocaine was

  • Caldwell v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Angela B. Clarke, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Jr., District Attorney, and Elizabeth A. Baker, Atlanta, for appellee.
    Case Number: A00A1025

    The trial court did not express an opinion on the evidence when it gave a curative instruction reminding the jury that it was bound by the evidence at trial as opposed to any factually baseless ques

  • Telescripps Cable Co. v. Welsh

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William D. Friend, John W. Sandifer and Mari Meyer Gerry, Friend & Sapronov LLP, Atlanta, for appellant.
    for defendant: Jeffrey G. Casurella, Marietta, Brian N. Smiley and James M. Bishop Page & Bacek, Atlanta, for appellee. Other party representation: Mark M. Middleton, Norcross.
    Case Number: A00A1179

    The plaintiffs were not entitled to recover late fees that they voluntarily paid to a cable company, even if the late fees were an unenforceable pe