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  • Davis v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant. Daniel J. Porter, District Attorney, Alston C. McNairy and William C. Akins, Assistant District Attorneys, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A1269

    The trial court erred in failing to merge the defendant's aggravated assault conviction into his attempted armed robbery conviction, as both crimes were complete when the defendant pointed a gun at

  • Potter-Miller v. Reed

    Publication Date: 2010-01-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Savannah Potter-Miller, Decatur, for appellant.
    for defendant: Bryan M. Ward Sutherland Asbill & Brennan, Atlanta, for appellee.
    Case Number: A09A1929

    The appellant abandoned her enumeration of error regarding a supersedeas bond, since she provided no supporting legal auth

  • 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

  • Malice v. Coloplast Corp.

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Allen I. Hirsch and Debra M. Buster Arnall, Golden & Gregory, Atlanta, for appellant.
    for defendant: LeRoy P. Spell Jr. Welch, Spell, Reemsnyder, Pless & Davis PC, Atlanta, for appellee.
    Case Number: A05A1983

    The arbitrator did not manifestly disregard the law in determining that the non-compete and non-solicit covenants in the defendant's executive employment agreement were reasonable and enforc

  • Hewell v. State

    Publication Date: 2006-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Frank K. Martin, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and William D. Kelly Jr., Assistant District Attorney, Columbus, for appellee.
    Case Number: A05A1787

    The defendant waived his right to appeal on speedy trial grounds when he pled guilty to armed robbery aggravated assault and a firearms of

  • 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

  • Murphy v. McCaughey

    Publication Date: 2003-07-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James W. Purcell, Michael N. Loebl and Michael B. Hagler Fulcher, Hagler, Reed, Hanks & Harper, Augusta, for Murphy. David E. Hudson Hull, Towill, Barrett & Salley, Augusta, for McCaughey.
    for defendant:
    Case Number: A03A0506; A03A0507

    The plaintiff was entitled to prejudgment interest on a jury award of contribution because a sum recovered as contribution bears interest from the time the surety paid the original oblig

  • State v. Bowen

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jerry Rylee, Solicitor, and Larry A. Baldwin II, Assistant Solicitor, Gainesville, for appellant.
    for defendant: Walter M. Britt and Deborah F. Weiss Chandler & Britt LLC, Buford, for appellee.
    Case Number: A00A0417

    The Court of Appeals adopted the Supreme Court's opinion that O.C.G.A. § 35-3-155 exempts the Forensic Sciences Division of the Georgia Bureau of Investigation from the publishing requirements of th

  • Bowen Builders Group Inc. v. Reed

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David C. Moss Mills & Moss LLC, Lawrenceville, for appellant.
    for defendant: . Shawn D. Stafford, Atlanta, and Timothy W. Hoffman, Decatur, for appellee.
    Case Number: A01A1009

    Conflicting evidence as to whether the defendant signed a contract in his representative capacity supported the court's judgment for the defendant in a bench

  • State v. Bowen

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jerry Rylee, Solicitor, and Larry A. Baldwin II, Gainesville, for appellant.
    for defendant: Walter M. Britt and Deborah F. Weiss Chandler & Britt LLC, Buford, for appellee.
    Case Number: A00A0417

    The suppression of breath test results stemming from a boating under the influence charge was proper since the GBI violated the Administrative Procedure Act by failing to publish its procedures for