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  • Rollinson v. State

    Publication Date: 2005-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: DuAnn C. Davis and Glen A. Chaney Glen A. Chaney PC, Reidsville, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Sandra Dutton, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A05A1499

    The fact that the officers told the defendant he would be arrested if he refused to talk did not amount to coercion or render his statements inadmis

  • Gropper v. STO Corp.

    Publication Date: 2005-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael J. Gorby, Mary D. Peters, Barry C. Edwards and Adam H. Long Gorby, Reeves & Peters PC, Atlanta, for appellant.
    for defendant: . Jonathan B. Mason, John A. Thomson Jr. Womble, Carlyle, Sandridge & Rice, John C. Amabile Pursley, Lowery & Meeks, Stephen M. Schatz, Melissa K. Kahren and Kenneth M. Barre Swift, Currie, McGhee & Heirs, Atlanta, for appellees. Other party representation: Charles J. Cole Owen, Gleaton, Egan, Jones & Sweeney LLP, Donald J. Ellis Ellis, Funk, Goldberg, Labovitz & Dokson PC, Michael J. Rust, James T. Brieske Gray, Rust, St. Amand, Moffett & Brieske, Kent T. Stair, Charles E. Rogers, Cheryl H. Shaw Carlock, Copeland, Semler & Stair, Wayne Grant, Atlanta, and Terrence A. Shannon, Porterdale.
    Case Number: A05A1012

    The Court affirmed the dismissal of the plaintiffs' suit arising out of the use of synthetic stucco in the construction of their home as a sanction for the plaintiffs' repeated and wilful failure to

  • Groover v. Johnston

    Publication Date: 2005-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert K. Finnell, Rome and Michael B. Terry Bondurant, Mixson & Elmore, Atlanta, for appellant.
    for defendant: . Robert L. Berry Jr. and Stephen B. Moseley Brinson, Askew, Berry, Seigler, Richardson & Davis, Rome, for appellees. Other party representation: William Q. Bird and John G. Mabrey Bird & Mabrey PC, Atlanta.
    Case Number: A05A1096

    An anesthesiologist committed negligence per se by allowing nurses who did not have advanced skills or training to administer narcotics to patients without consulting with a physician prior to admin

  • Ryan v. State

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Alvera A. Wheeler, Assistant District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A05A1552

    The defendant was not entitled to a mistrial after a witness testified about his bad reputation, since the prosecutor did not deliberately elicit the response and the trial court immediately struck

  • State v. Williams

    Publication Date: 2005-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellant.
    for defendant: Christopher P. Twyman Cox, Byinton, Corwin, Niedrach, Smith & Twyman, Rome, for appellee.
    Case Number: A05A0824

    No evi supported a "no-knock" provision in a search warrant that was based on standard language involving the affiant's general knowledge of whether the defendant would destroy the drug evi

  • Benson v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John T. Strauss, Newton County Pub. Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Kelly D. Kautz, Assistant District Attorney, Monroe, for appellee.
    Case Number: A05A1251

    Evidence that officers discovered the drugs in a hollow pen directly under the defendant after they had already searched a third-party's home did not support a finding of mere pre

  • Dasher v. Davis

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Dennis J. Webb and Ashley E. Taylor Webb, Zschunke, Neary & Dikeman LLP, Atlanta, for appellant.
    for defendant: Carl L. Meyer The Meyer Law Firm LLC, Atlanta, for appellees. Other party representation: David J. Reed, Roswell, Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Atlanta, and Timothy G. Cook, Marietta.
    Case Number: A05A0879

    A real estate agent was entitled to summary judgment in the plaintiffs' fraud action, because there was no evidence that the agent had actual knowledge of the alleged defect in the septic system of

  • Smith v. State

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Anthony O. Van, Atlanta, for appellant.
    for defendant: Jeffrey H. Brickman, Acting District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A0905

    The defendant waived his right to counsel by disregarding the trial court's warnings about the risks of representing himself and filing bar complaints against both of his appointed lawyers, causing

  • Atlanta Humane Soc'y v. Mills

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Edward L. Greenblatt, Janet L. Bozeman and James V. Zito Lipshutz, Greenblatt & King, Atlanta, for Atlanta Humane Soc'y and others. Alan I. Begner, Robert M. Adelson and Katherine K. Wood Begner & Begner PC, for Mills. Other party representation: Stacy S. Levy, Decatur, and James Stark, Englewood, Colo.
    for defendant:
    Case Number: A03A2480; A03A2481

    As a quasi-governmental entity, the county humane society was barred from bringing a defamation a

  • Colonial Life & Accident. Ins. Co. v. Heveder

    Publication Date: 2005-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael J. Hannan III Thompson & Slagle PC, Duluth, and Fakiha Kahn Love, Willingham, Peters, Gilleland & Monyak, Atlanta, for appellant.
    for defendant: John M. Brown, Augusta, and James E. Staples Jr., Cornelia, for appellee. Other party representation: Joseph J. Hennesy Jr., Douglass K. Farrar Farrar & Hennesy, Douglas, Robert B. Summer, Pearson, and Robert R. Gunn II Martin, Snow, Grant & Napier, Macon.
    Case Number: A05A0428

    The plaintiff's action against the insurance company for the proceeds of his father's death benefit was precluded by O.C.G.A. § 33-24-1, since the plaintiff did not notify the insurer of his claim p