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  • Brown v. Penland Constr. Co. Inc.

    Publication Date: 2005-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Christopher D. Balch, Atlanta, for appellant.
    for defendant: . William D. Cunningham, LaFayette, and Larry L. Cash Strang, Fletcher, Carriger, Walker et. al.0, Chattanooga, Tenn., for appellee.
    Case Number: A05A0960

    The defendant school district's use of a building paid for and constructed by the plaintiff constitutes a "taking," and the plaintiff is entitled to enforce its constitutional right to compens

  • Ogles v. E. A. Mann & Co. Inc.

    Publication Date: 2005-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Floyd M. Buford Jr. Buford & Buford, G. Samuel Burnette, Macon, Robert S. Kraeuter, Savannah, C. Deen Strickland, Waycross, and Earl D. Smith Jr., Nahunta, for Ogles. Carrie L. Christie and Angela F. Donaldson Rutherford & Christie LLP, Atlanta, for E. A. Mann & Co. Thurbert E. Baker, Attorney General, Atlanta, and Susan J. Levy, Special Assistant Attorney General, Decatur, for DOT.
    for defendant:
    Case Number: A05A1413; A05A1414

    The defendant paving subcontractor was entitled to summary judgment on claims arising from a single-car acc on a county road because its work had been accepted prior to the acc

  • 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

  • Alexander v. State

    Publication Date: 2005-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael B. King, Jonesboro, for appellant.
    for defendant: William T. McBroom III, District Attorney, Griffin, and Cindy L. Spindler, Fayetteville, for appellee.
    Case Number: A05A1311

    Neither the fact that the trial judge's wife was a counselor at the victim's former high school, nor the fact that the trial judge signed the defendant's arrest warrant, constituted a sufficiently v

  • 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

  • Byers v. State

    Publication Date: 2005-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles M. Abbott, Beaufort, S.C., for appellant.
    for defendant: Norman S. Gunter, District Attorney, Dahlonega, and William J. Langley, Assistant District Attorney, Hiawassee, for appellee.
    Case Number: A05A1391

    The trial court properly charged the jury on voluntary intoxication based on evidence, including the defendant's own testimony, that he drank on the night before and the day of the inc

  • State v. Lambert

    Publication Date: 2005-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Kimberly A. Staten-Hayes and Elizabeth A. Baker, Assistant District Attorneys, Atlanta, for appellant.
    for defendant: Shannon N. Weathers and Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellee.
    Case Number: A05A1000

    An acquittal on a greater offense does not preclude a retrial on a lesser offense to which continuing jeopardy has att

  • 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

  • Cochran v. Mullinax

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Benjamin L. Bagwell, Gainesville, for appellant.
    for defendant: William S. Hardman, Gainesville, for appellee.
    Case Number: A05A0889

    The residential home developer failed to show how he was damaged when the defendant posted a large sign on his adjoining property warning potential home buyers that living next to the defendant's po