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  • Backensto v. Georgia Dep't of Transp.

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: H. Burke Sherwood Sherwood & Sherwood PC, Valdosta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Richard V. Merritt, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A06A2361

    Camp v. Coweta County, 280 Ga. 199 2006, adopted an actual prejudice standard to determine whether a complaint should be dismissed and actual prejudice does not automatically flow from expiration of

  • 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

  • Norton v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rebecca B. Paris, Calhoun, for appellant.
    for defendant: Thomas J. Campbell and Erik J. Pirozzi, District Attorneys, Cartersville, for appellee.
    Case Number: A06A2170

    The officers lacked probable cause to search the defendant's person during a warrant search of her aunt's

  • 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

  • Royal Ins. Co. v. Georgia Ins. Insolvency

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael J. Athans, Stacey S. Farrell and Matthew A. Barrett Fields, Howell, Athans & McLaughlin LLP, Atlanta, for appellant.
    for defendant: . James W. Standard Jr. Gorby, Reeves & Peters PC, Atlanta, for appellee. Other party representation: Lee Southwell State Board of Workers' Compensation, Atlanta.
    Case Number: A06A2454

    The trial court lacked subject matter jurisdiction to order the payment of workers' compensation benefits, since the Board of Workers' Compensation never held a hearing or issued any findings with r

  • Britton v. Farmer

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ashleigh R. Madison and Brent J. Savage Savage, Turner, Pinson & Karsman, Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: . Anthony A. Rowell and W. Brent Hyde Hall, Booth, Smith & Slover PC, Tifton, for appellees. Other party representation: C. Jerome Adams, Douglas, and James B. Thagard Young, Thagard, Hoffman, Scott & Smith, Valdosta.
    Case Number: A06A2304

    A factual question remained as to whether the plaintiff lacked knowledge of the hazard, despite the exercise of ordinary

  • 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

  • In the Interest of P. R.

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Larry M. Johnson, Tifton, for appellant.
    for defendant: Clifford P. Bowden, District Attorney, Tifton, for appellee.
    Case Number: A06A2360

    The juvenile court erred in imposing sentence under O.C.G.A. § 15-11-63 for committing a "designated felony act" when the juvenile had only been adjudicated delinquent on two prior occasions for act