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  • Lynx Real Estate Inc. v. F.A.L. Investments LLC

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jefferson M. Allen Cohen, Cooper, Estep & Allen LLC, Atlanta, for appellant. Timothy W. Haley Smith Welch Webb & White LLC, Jackson, for appellee.
    for defendant:
    Case Number: A11A1255

    The trial court erred in granting summary judgment to the defendant because genuine issues of material fact remained as to whether the plaintiff was entitled to a commission on the sale of commercia

  • Morman-Johnson v. Hathaway

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Angela Morman-Johnson, Acworth, proceeded pro se. Dennis G. Lovell Jr. and Vera M. Stock Carlock Copeland Semler & Stair LLP, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1188

    The trial court did not abuse its discretion in giving the Allen charge, as the jury sent a note to the trial court on the first day of deliberations indicating that it was deadlocked 11-1 and askin

  • Coleman v. State

    Publication Date: 2011-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John L. Tracy Public Defender's Office, Sylvester, for Jennifer A. Coleman. Norman J. Crowe Jr., Sylvester, for Brent C. Coleman. Clifford P. Bowden, District Attorney, Tifton, and Ronnie A. Wheeler, Assistant District Attorney, Sylvester, for appellee.
    for defendant:
    Case Number: A10A2254, A10A2255

    The prejudicial effect of a statement implicating the defendants' character could not be corrected by a curative instruction because evidence against the defendants was not overwhe

  • Crisler v. Haugabook

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: J. Edward Allen Jr. and Jeffrey W. DeLoach Fortson, Bentley & Griffin PA, Athens, for appellant.
    for defendant: . Howard J. Strickland Jr. Jones, Cork & Miller, Macon, and F. Gregory Melton Davis & Melton PC, Dalton, for appellees.
    Case Number: A10A1644

    Prejudgment interest for liquidated damages is mandatory, not discretionary, and is awarded as a matter o

  • Fletcher v. State

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William C. Head, Atlanta, and Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Chief Assistant District Attorney, Cumming, for appellee.
    Case Number: A10A1374

    Evidence supported defendant's conviction for DUI less safe, even though police performed no field sobriety tests due to his injuries, because the evidence showed that defendant lost control of his

  • Martis v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Samir J. Patel Public Defender's Office, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Richard A. Hull, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A10A0445

    Corroborated information from the confidential informant provided probable cause for issuance of a search wa

  • Wilder v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael O. Horgan, Washington, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Kevin R. Majeska and Rindi L. Harbeson, Assistant District Attorneys, Thomson, for appellee.
    Case Number: A10A0059

    The trial court erred in sentencing the defendant as a recidivist, since he had a pending motion for new trial on his prior conviction and, therefore, his prior conviction was not

  • Semega v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Shamsideen O. Laguda, Atlanta, and Francis O. Kadiri, Stone Mountain, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn District Attorney's Office, Decatur, for appellee.
    Case Number: A09A2255

    The trial court erred in replacing a holdout juror, who did not agree with other jurors on the defendant's

  • Roberts v. Pointer

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Raymond R. Grant II Cruiser & Mitchell, Norcross, Frederick M. Valz III and Erica L. Parsons Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellant.
    for defendant: Randy J. Ebersbach Kam, Ebersbach & Lewis, Newnan, for appellee.
    Case Number: A09A1448

    Trial court erred in denying the defendant's motion for a continuance due to the unavailability of an expert witness, because the pre-trial order specifically allowed the defendant to reserve the r

  • Allen v. State

    Publication Date: 2008-09-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0896

    The evidence, though circumstantial, authorized the jury to find that the defendant took a money clip cont over $1K, two credit cards and a bank card from one victim and took a wallet con