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  • Dunn v. Kirsten

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Philip M. Williams, Atlanta, for appellant.
    for defendant: Barry Staples, Marietta, and Charis L. Johnson Law Office of Allen & Assocs., Atlanta, for appellee.
    Case Number: A05A0453

    The plaintiff failed to exercise due diligence in serving the defendant within the applicable 2-year statute of limit

  • Monroe v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Patrick C. Kaufman, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Woodbine, Charles K. Higgins and Leslie K. DeVooght, Assistant District Attorneys, Brunswick, for appellee.
    Case Number: A05A0389

    The defendant was on notice that photographs could be part of the state's file, since a police report in the file noted that an officer took photographs at the crime

  • Johnson v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: W. McCall Calhoun Jr., Americus, for appellant.
    for defendant: Cecilia M. Cooper, District Attorney, Americus, for appellee.
    Case Number: A05A0354

    The state conceded that the defendant was entitled to the representation of counsel and a hearing on his motion to withdraw his guilty

  • Baskin v. Georgia Dep't of Corrections

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Walter D. Adams, Brunswick, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Reagan W. Dean and David E. Langford, Assistant Attorneys General, Atlanta, for appellees.
    Case Number: A04A1878

    The plaintiff was not required to follow the discretionary appeals procedures provided in the Prison Litigation Reform Act, since he was no longer a prisoner at the time he filed his renewed 42 USC

  • Langford v. Robinson

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James F. Stovall III, Marietta, for appellant.
    for defendant: J. Patrick McCrary, Atlanta, for appellee.
    Case Number: A04A2340

    The defendant was entitled to j.n.o.v. because the jury's verdict placed the entire obligation for reimbursement of improvements to her deceased fa home on the defendant, rather than on the f

  • Infrasource Inc. f/k/a Exelon Infrastructure Servs. Inc. v. Hahn Yalena Corp.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Theodore J. Sawicki, Scott P. Hilson, Regina S. Molden and Leslie M. Mathis Alston & Bird LLP, Atlanta, for Infrasource Inc. R. Randy Edwards and Drew D. Baiter Kilpatrick Stockton LLP, Atlanta, for Hahn Yalena Corp. Other party representation: John C. Herman, Atlanta.
    for defendant:
    Case Number: A04A1896, A04A1959

    There was no actionable claim of fraudulent concealment in a failed acquisition attempt of plaintiff company by defendant, since the alleged fraud occurred during the course of arms' length negotiat

  • SuperValu Inc. v. KR Douglasville LLC

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey Y. Lewis Epstein, Becker & Green PC, and James Mac Hunter Holland & Knight LLP, Atlanta for SuperValu Inc. David H. Flint, Alexander J. Simmons Jr., Nathan M. Wheat and Timothy C. Batten Sr. Schreeder, Wheeler & Flint LLP, Atlanta, for KR Douglasville LLC. Kevin A. Kauer and Kurt E. Lindquist II Kilpatrick Stockton LLP, Charlotte, N.C., for Delhaize the Lion America Inc.
    for defendant:
    Case Number: A04A1931; A04A1932

    1991 and 1992 amendments which modified the terms of a lease agreement released the lease's guarantor from liability from tenant's alleged default, since plaintiff did not consent to modification of

  • Milhollin v. Salomon Smith Barney Inc.

    Publication Date: 2005-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert C. Port Hasslett, Cohen, Goldstein, Port & Gottlieb, Atlanta, and Roy L. Jacobs, New York, NY, for appellant.
    for defendant: . G. Wayne Hillis Jr. Parker, Hudson, Rainer & Dobbs, Atlanta, for appellees.
    Case Number: A04A2241

    The 2-year statute of limitation under O.C.G.A. § 9-3-22 barred the plaintiff's claim that the defendants violated O.C.G.A. § 34-7-2 by unlawfully retaining a portion of his salary after he voluntar

  • King v. State

    Publication Date: 2005-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Marny J. Heit The Chestney-Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Gerald N. Blaney Jr., Solicitor, and Emilien O. Loiselle Jr., Senior Assistant Solicitor, Lawrenceville, for appellee.
    Case Number: A04A1603

    The defendant lost control of his car, flipped it in a 1-vehicle accident, smelled of alcohol and had slurred s

  • Pilzer v. The Va. Ins. Reciprocal as Subrogee of Scottish Rite Children's Med. Ctr. Inc.

    Publication Date: 2005-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Earl W. Gunn and Ashley P. Nichols Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellant.
    for defendant: Jeffrey B. Hanson and Mitchel P. House Jr. Sell & Melton, Macon, for appellee.
    Case Number: A02A2217

    The 5-year statute of repose for medical malpractice actions did not bar a claim for contribution based on a medical malpractice judgment filed more than 10 years earlier, since the defendant's neg