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  • 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

  • Magnum Communications. Ltd. v. Samoluk

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Stanley E. Kreimer Jr., Atlanta, for appellant.
    for defendant: David A. Powell, Gainesville, for appellee.
    Case Number: A05A1200

    A dormant action can be revived during a 3-year period by bringing an action into exis

  • Ace Techs. Inc. v. PMCS Inc.

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James W. Penland, Atlanta, for appellant.
    for defendant: Ralph L. Taylor III, Buford, for appellee.
    Case Number: A05A0475

    The trial court erroneously premised its ruling on hearsay in a bench trial on a contract di

  • 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

  • Pitts Properties Inc. v. Auburn Bank

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: George R. Belche, Lawrenceville, and Franklin H. Thornton, LaGrange, for appellant.
    for defendant: . Stephen G. Gunby Grogan, Jones, Rumer & Gunby, Columbus, for appellees.
    Case Number: A05A0918

    The Court of Appeals assessed a $1,000 frivolous appeal penalty against the appellants and a $1,000 frivolous appeal penalty against their appellate co

  • Rogers v. State

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gilbert J. Murrah, Bainbridge, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Bainbridge, and Charles M. Stines, Assistant District Attorney, Cairo, Bainbridge, for appellee.
    Case Number: A05A1134

    The trial court properly denied the defendant's motion to suppress where the record supported issuance of the search wa

  • Life Ins. Co. of Ga. v. Meeks

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John R. Lowery Pursley Lowery Meeks LLP, Lawrence J. Bracken II, Kenneth L. Dobkin, Caroline H. Dixon Hunton & Williams LLP, Atlanta, and Gerald M. Edenfield Edenfield, Cox, Bruce & Classens PC, Statesboro, for appellant.
    for defendant: Thomas R. Herndon Herndon & Costner, Brent J. Savage and Christopher D. Britt Savage, Turner, Pinson & Karsman, Savannah, for appellees.
    Case Number: A05A0589

    The plaintiff failed to satisfy the commonality and typicality requirements for class certification in his breach of contract and fraud suit brought the insurer of his supplemental cancer p

  • 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