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  • In the Interest of I. G.

    Publication Date: 2007-05-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert M. Bearden Jr., Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and W. Ashley Hawkins, Forsyth, for appellee.
    Case Number: A07A0117

    Evidence that the mother, who is mentally disabled, conceived the child with her step-grandfather and failed to meet any of her case plan goals, supported the termination of her parental r

  • In the Interest of S. Y.

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Josephine B. Jones, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson Attorney General's Office, Atlanta, and Andrew S. Foster, Macon, for appellee.
    Case Number: A07A0271

    One child suffered from unexplained abuse, another child was molested while the mother was asleep and the mother left her children with an aunt after agreeing that the aunt was unsuitable to supervi

  • In the Interest of M. A. S.

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Jason S. Naunas, Assistant Attorney General, Atlanta, and W. Ashley Hawkins, Forsyth, for appellee.
    Case Number: A06A2153

    Evidence that the mother failed to support her children, maintain parental bond or comply with her reunification case plans for period of one year or longer before termination petition was filed su

  • In the Interest of M. D.

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rodney Q. Quarles, Chatsworth, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Charissa A. Ruel, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A06A1686

    Evidence that the mother has schizoaffective disorder, which she often attempts to control without medication and that the father left their 1-year-old in his mother's care, knowing that the mother

  • Dalton Paving & Constr. Inc. v. South Green Constr. of Ga. Inc.

    Publication Date: 2007-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: W. Henry Parkman, Frank D. LoMonte Sutherland, Asbill & Brennan LLP, Atlanta, and James H. Phillips McCamy, Phillips, Tuggle & Fordham, Dalton, for Dalton Paving. William D. Flatt, Bart W. Reed, Erik B. Seeney Hendrick, Phillips, Salzman & Flatt, Brian R. Neary, Melissa C. Patton Webb, Zschunke, Miller & Dikeman LLP and Stanley K. Kreimer Jr., Atlanta, for South Green Construction. Other party representation: Robert T. Strang III and Daniel J. Huff Huff, Powell & Bailey LLC, Atlanta.
    for defendant:
    Case Number: A06A2414; A06A2415

    Res judicata barred the plaintiff's s, because the arbitrator expressly denied the s, which the plaintiff raised in a prior arbitration, and the plaintiff should have asserted the remainin

  • Collier v. State

    Publication Date: 2006-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Larry D. Wolfe, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Assistant District Attorney, Decatur, and Tammi S. Fuller District Attorney's Office, Atlanta, for appellee.
    Case Number: A06A1319

    The officer's approach of the defendant's car, where it was stopped in a driveway, constituted a first-tier encounter, so the trial court did not err in denying the defendant's motion to suppress th

  • Biddy v. City of Cartersville

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert P. Hoyt Deming & Hoyt PC, Cumming, for appellant.
    for defendant: Charles E. Johnson III Shivers & Assocs., Alpharetta, and Edward K. Lovell David G. Archer PC, Cartersville, for appellee.
    Case Number: A06A1876

    The defendant city was entitled to summary judgment because the plaintiff failed to establish that the city owned or operated the truck that sprayed her with an unknown substance and allegedly cause

  • Kirkland v. State

    Publication Date: 2006-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James K. Kidd Public Defender's Office, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, for appellee.
    Case Number: A06A1244

    The victim was in reasonable apprehension of immediately receiving violent injury, when he was dragged along by the defendant's car as defendant attempted to flee site of arranged dru

  • Edwards v. State

    Publication Date: 2006-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Leanne K. Shipley Public Defendant's Office, George H. Law III and H. Bradford Morris Jr., Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Dawsonville, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A06A2491

    The trial court did not err in refusing to go forward with the hearing on the defendant's motion to suppress, because she did not appear at the hearing and her counsel did not have authority to waiv

  • Moody v. Gilliam

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Clarence R. Johnson, Atlanta, for appellant.
    for defendant: Dale K. Scott, Atlanta, for appellee.
    Case Number: A06A2000

    The plaintiff failed to exercise the greatest possible due diligence in serving the defendant outside the statute of limitation after she became aware of a problem with se