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  • LN West Paces Ferry Assocs. LLC v. McDonald

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Jeremy U. Littlefield and Richard R. Robbins Robbins Law LLC, Atlanta, for appellant.
    for defendant: . Ron L. Quigley, Matthew R. Thiry and Mina A. Elmankabady Davis, Matthews & Quigley PC, Atlanta, for appellee.
    Case Number: A10A1138

    The trial court did not err in denying the defendant's motion to exclude the testimony of expert witnesses, which the plaintiff offered after the close of discovery, because the plaintiff previously

  • Snell v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Robert R. McLendon IV, Blakely, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A10A1514

    The trial court did not err in refusing to charge on misdemeanor involuntary manslaughter as a separate lesser included offense to the indicted charge of felony murder, because the defendant conced

  • Brooker v. Brown

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Leon Booker, Ellenwood, proceeded pro se. Stephen M. Gibbs Zachary & Seagraves PA, Decatur, for appellee.
    for defendant:
    Case Number: A10A1585

    The trial court did not err in declining to strike the defendant's testimony in its entirety on the ground that she was guilty of false swearing, because the record was completely devoid of any evid

  • Hughston Orthopedic Hosp. v. Wilson

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Elton L. Wall and Clair Cronin Wall & Elliott LLP, Macon, for appellant.
    for defendant: . Ronald C. Conner Morgan & Morgan PA, Atlanta, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    Case Number: A10A1098

    Some evidence supported the State Board of Workers' Compensation's decision to decline to award benefits to the plaintiff on her claim alleging that her exposure to fumes from wallpaper glue and pri

  • Blazi v. Rich

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Michael J. Long O'Neal, Long & Hall, Warner Robins, for appellant.
    for defendant: . Amy Dever, Macon, for appellees.
    Case Number: A10A1154

    The judgment presumably supported the denial of the defendants' motions for j.n.o.v. and a new trial, in the absence of a complete trial trans

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Hampton Island LLC v. HAOP LLC

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Christopher W. Phillips Hunter, MacLean, Exley & Dunn PC, Savannah, for appellee. William G. Glass and Anthony R. Casella Weiner Shearouse Weitz, Savannah, for appellees.
    for defendant:
    Case Number: A10A1194

    The plaintiffs' promise to convey the pro in question to the defendant constituted adequate consideration for the defendant's agreement to buy the plaintiffs' pro

  • Schwartz v. Brancheau

    Publication Date: 2010-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: James F. Taylor III Fain, Major & Brennan PC and Matthew J. Ashby Savell & Williams LLP, Atlanta, for appellant.
    for defendant: William J. Atkins and James A. Attwood Atkins & Attwood LLC, Atlanta, for appellee.
    Case Number: A10A1081

    In a personal injury action, the trial court did not abuse its discretion in allowing the state trooper's testimony regarding the defendant's alcohol consumption, even though the defendant admitted

  • Harris v. Tutt

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Randolph Frails, Augusta, for appellant.
    for defendant: . John M. Brown, Augusta, for appellee.
    Case Number: A10A0839

    The jury's verdict was not against the weight of the evidence, since the parties' contract entitled the appellee to a builder's fee of 12 percent of the total cost of construction-$822,931.02-and th

  • Massey v. State

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Larry Chisholm, District Attorney, and Ann M. Elmore, Assistant District Attorney, Savannah, for appellee.
    Case Number: A10A1049

    Even if the trial court erred in admitting the defendant's prior conviction, the error was harmless in light of the overwhelming evidence of the defendant's

  • Mauer v. Parker Fibernet LLC

    Publication Date: 2010-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Jackson B. Harris, Rome, for appellant.
    for defendant: William D. Cunningham, LaFayette, for appellees
    Case Number: A10A1496

    The Court of Appeals dismissed an interlocutory appeal seeking review of the trial court's removal order transferring the plaintiff's case to Chattooga county on the grounds that the same trial jud