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  • Roylston v. Conway

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Garvis L. Sams Jr. and Mitchell K. Greene Sams & Larkin LLP, Marietta, for appellant.
    for defendant: . Edward A. Curtis Jr., Smyrna, for appellee.
    Case Number: A01A1157

    The special master erroneously based his decision about a disputed boundary line upon an independent survey which was admitted without affording either party the opportunity to litigate its m

  • Jackson v. State

    Publication Date: 2001-09-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Monica T. Myles, Douglas County Public Defender, Douglasville, and Mary Erickson, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, and Brian K. Fortner Douglas County District Attorney's Office, Douglasville, for appellee.
    Case Number: A01A1048

    Defendant failed to prove that he was insane when he shot his next-door neighbors following a long standing di

  • Lewis v. State

    Publication Date: 2001-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Caprice R. J. Small and Dwight L. Thomas, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy and Gregory K. Schwarz, Decatur, for appellee.
    Case Number: A01A0409

    Based on the evidence, the jury was entitled to disbelieve defendant's claim that he abandoned his participation in an attempted robbery of a group of golfers by walking to water cooler to get a

  • Penland v. Corlew

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: S. Perry Penland, Jacksonville, Fla., for appellant.
    for defendant: Harold D. Corlew, Atlanta, for appellees. Other party representation: Gail A. Mackinson and Cynthia L. Montgomery, Avondale Estate.
    Case Number: A00A1800

    Evidence that disputed funds were subject to conflicting claims and that disputed facts required preservation of the status quo supported trial court's interlocutory injun in an interpleader a

  • Ajayi v. Williams

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Dawn G. Benson and Charles K. Wainright II Watson, Spence, Lowe & Chambless, Albany, for appellant.
    for defendant: Jerry W. Brimberry Jr. Brimberry, Kaplan & Brimberry PC, Albany, for appellee.
    Case Number: A00A2471

    Defendant's failure to furnish plaintiff's medical records pursuant to plaintiff's request under O.C.G.A. § 9-3-97-1 tolled the statute of limitation on plaintiff's medical malpractice

  • Jones v. State

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles S. Thornton Lawson & Thornton, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Jr., District Attorney, and George W. K. Snyder Jr., Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A2448

    The trial court failed to conduct the required 3-factor analysis to determine whether the state's forfeiture claim violated the Eighth Amendment's prohibition against excessive

  • Rivera v. State

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Lee Sexton Lee Sexton & Associates PC, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Staci L. Guest, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A00A2086

    A drug dog's detection of cocaine in defendant's luggage and defendant's questionable behavior supported the issuance of a warrant to search defendant'

  • Jones v. State

    Publication Date: 2000-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven E. Phillips, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart and Anna E. Green, Assistant District Attorneys, Atlanta, for appellee.
    Case Number: A00A1729

    The state had a legitimate race-neutral reason for striking a juror whose brother was m d and whose uncle was prosecuted for attempted m

  • Plantation Pipeline Co. v. Royal Indemnity Co.

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard A. Horder, Thomas K. Bick, Edmund M. Kneisel Kilpatrick Stockton LLP and Edward T. Floyd, Atlanta, for appellant.
    for defendant: Michael J. Athans and Corliss L. Worford Lord, Bissell & Brook, Atlanta, for appellee.
    Case Number: A00A0690

    The plaintiff's insurer had no duty to defend and indemnify the plaintiff for damage caused by petroleum leaks when the plaintiff failed to notify the insurer about the leaks for 25

  • Bennett v. Cotton

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0091

    Plaintiff's tort claims arising out of her husband's construction contract with defen were barred by the prior arbitration proceeding between her husband and the defen