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  • Henry County v. Tim Jones Properties

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Wade M. Crumbley Crumbley & Crumbley, McDonough, for appellant.
    for defendant: . G. Douglas Dillard and Andrea C. Jones Dillard & Galloway LLC, Atlanta, for appellees. Amicus Appellees: David H. Flint, Mark W. Forsling Schreeder, Wheeler & Flint LLP, Harold G. Clarke, Charles F. Palmer, David C. Kirk Troutman Sanders LLP, Richard W. Wilson Jr., James S. Teague Jr. Wilson, Brock & Irby LLC, Atlanta, Michele LeFaivre National Assoc. of Home Builders, Washington, D.C.
    Case Number: S00A1200

    County board of commissioners' arbitrary rezoning of property which made it impossible for a real estate company to build cluster homes amounted to an unconstitutional t

  • Hines v. State

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Stephen T. Maples and Bernard Knight, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Donald P. Geary, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A1713

    The prosecutor did not make an improper "Golden Rule" argument in asking the jury not to re-victimize the victim since the prosecutor was appealing to the jury's desire to create a safe community, r

  • Appling v. State

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Tyrone M. Hodnett II, Duluth, for appellant.
    for defendant: Gerald N. Blaney Jr., Solicitor, Rosanna M. Szabo, Assistant Solicitor and Julie A. B. Prokopovich, Lawrenceville, for appellee.
    Case Number: A00A1996

    Evidence that defendant previously punched and choked his girlfriend was admissible to show his bent of mind when he subsequently threw her to the

  • Brown v. Estate of Walter Brown Sr.

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert R. Cook Hendrix Law Firm PC, Richmond Hill, for appellant.
    for defendant: Mills L. Morrison and Robert A. Lewallen Jr. Hunter, Maclean, Exley & Dunn PC, Savannah, for appellee.
    Case Number: A00A1213

    The 76-year-old widow was not bound by her ele to take property under her husband's will because there was no evidence that she knew she was entitled to a year's support when she made the ele

  • Mitchell v. Jones

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Eugene C. Brooks IV and Christopher M. Kessinger Eugene C. Brooks IV PC, Savannah, for appellant.
    for defendant: . David H. Johnson and Amy E. Edgy McCorkle, Pedigo & Johnson LLP, Savannah, for appellee. Other party representation: Joseph Y. Rahimi II Kent, Worsham & Smart, Savannah.
    Case Number: A00A1422, A00A1435

    The 6-year statute of limitation in breach of written contract actions applies to contracts for the sale of new construction by a professional builder-s

  • Garden Hills Civic Assoc. Inc. v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Richard N. Hubert Chamberlain, Hrdlicka, White, Williams & Martin and Mary C. Cooney, Atlanta, for appellant.
    for defendant: . David D. Blum City of Atlanta Law Dep't, Carl E. Westmoreland Jr. Powell, Goldstein, Frazer & Murphy LLP, Charles N. Pursley Jr., Christian F. Torgrimson Pursley, Howell, Lowery & Meeks LLC, Atlanta, and Thomas A. Bowman Maddox, Nix, Bowman & Zoeckler, Conyers, for appellees. Amicus Appellant: Matthew D. Gansereit Allen, Kopet & Boyd PLLC, Atlanta.
    Case Number: S01A0069

    Civic association's motion for an interlocutory injunction to prevent MARTA from implementing a land development agreement is d

  • In the Interest of C. C. E.

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James E. Wilbanks, Dalton, for appellant.
    for defendant: Robert D. Jenkins, Dalton, for appellee.
    Case Number: A00A1668

    Father who was incarcerated in another state could not complain about his absence at the hearing on the termination of his parental rights since he had notice and was represented by co

  • Ellis v. State

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Deputy District Attorney, Atlanta, for appellee.
    Case Number: A99A1820

    The Court of Appeals adopted the Supreme Court's judgment that defense counsel had an actual conflict of interest in continuing to represent both defendant and his co-defendant after learning that t

  • Wallace v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: S. Robert Hahn Jr., Norcross, for appellant.
    for defendant: Thomas D. Harper, Trevor G. Hiestand Harper, Waldon & Craig, Atlanta, for appellee.
    Case Number: A00A2266

    Insurer did not act in bad faith by denying benefits to plaintiff based on board certified surgeon's independent opinion that plaintiff was not totally dis

  • In re Carter

    Publication Date: 2000-12-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S01Y0186

    Attorney suspended for one year for admittedly converting his client's settlement proceeds to his own use after he told her he would pay the funds to a health care provider as reimbursement for her