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  • Ware v. Henry County Water & Sewerage Auth.

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: James D. Patrick Jr., Columbus, for appellant.
    for defendant: . William A. White and A. J. Welch Jr. Smith, Welch & Brittain, McDonough, for appellee.
    Case Number: A02A1362

    The county water and sewage authority has the power of condemnation since O.C.G.A. § § 36-82-60 et seq., gives the power of eminent domain to local public entities that have corporate powers and th

  • Kitchens v. State

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, and Christopher R. Johnson, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A02A1494

    The trial court should have suppressed the results of defendant's breath test where her consent was based at least in part on deceptively misleading information concerning the penalty for re

  • Clarence L. Martin PC v. Chatham County Tax Comm'r

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Constance L. Thomas, Savannah, for appellant.
    for defendant: Elsie R. Chisholm Inglesby, Falligant, Horne, Courtington & Chisholm, R. Jonathan Hart, and Emily E. Garrard, Savannah, for appellee.
    Case Number: A02A1564

    A party claiming estoppel in cases involving title to real property must be ignorant of the property's true title and must have acted in reliance upon the other's party's si

  • Dorminey v. State

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Walter E. Van, Thomasville, for appellant.
    for defendant: Clifford P. Bowden, District Attorney, and Bradford L. Rigby, Assistant District Attorney, Tifton, for appellee.
    Case Number: A02A1397

    The defendant was not entitled to a mistrial after her employer improperly testified that she refused to take a polygraph test since the witness had no connection to law enforcement and the trial co

  • Greenway Ins. Agency v. GFA Bus. Solutions Inc.

    Publication Date: 2002-11-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Michael T. Thornton, Atlanta, for appellant.
    for defendant: Robert G. Brazier, Seaton D. Purdom and Gregory G. Schultz Gambrell & Stolz LLP, Atlanta, for appellees.
    Case Number: A02A1122

    Evidence that the plaintiff paid premiums for an insu policy that never existed authorized the jury to find the insu agency liable for breach of a contract to procure insu

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    Texas Personal Automobile Insurance Policy 2020

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  • McMahon v. State

    Publication Date: 2002-11-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: H. Edward Marks Jr., Loganville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and George F. Hutchinson III, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A1261

    Defendant's secret knowledge that the victims were paying him cash for construction of a house owned by the bank was evidence of his intent to deprive the victims of their pro

  • State v. Anderson

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Gerald N. Blaney Jr., Solicitor, Jeffery P. Kwiatkowski and Emilien O. Loiselle Jr., Assistant Solicitors, Lawrenceville, for appellant.
    for defendant: George H. Law III Whitmer & Law, Gainesville, for appellee.
    Case Number: A02A1432

    The arresting officer denied ant his rights under O.C.G.A. § 40-6-392 a 3 when the officer unilaterally decided that ant could not afford an independent chemical test after learning that

  • Grizzard v. State

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Philip C. Smith, District Attorney, and Penny A. Penn, Assistant District Attorney, Cumming, for appellee.
    Case Number: A02A0885

    Defendant's indictment did not trigger the 7-year limitation period set forth in O.C.G.A. § 17-3-1 because the indictment failed to assert that the victim was under 14-years old when defendant alleg

  • Mckee v. State

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Scott A. Drake, Grayson, for appellant.
    for defendant: Jerry Rylee, Solicitor, and William B. Hollingsworth, Assistant Solicitor General, Gainesville, for appellee.
    Case Number: A02A0906

    Evidence that defendant was traveling 10 mph and straddling both northbound of an interstate supported her convictions for DUI and failure to maintain

  • Jones Motor Co. v. Anderson

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William E. Gray II and Evan R. Mermelstein Gray, Hedrick & Edenfield LLP, Atlanta, for appellant.
    for defendant: Thomas C. Sanders Lane & Sanders, and Craig L. Burnsed, Dallas, for appellees.
    Case Number: A02A1381

    The trial court improperly shifted the burden of proving that plaintiff was the real party in interest in its suit to recover damages for two vandalized vans which were in its possession, pending d