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  • Vautrot v. West

    Publication Date: 2005-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John T. Longino, Ellijay, for Vautrot. Diane M. Moore, Jasper, for West. Jamie P. Woodard and James T. McDonald Jr. Swift, Currie, McGhee & Hiers LLP, Atlanta, for Lee and Clark & Clark PC.
    for defendant:
    Case Number: A04A2197

    The trial court erred in finding one shareholder of a judicially dissolved corporation in contempt, since the court appointed receiver failed to show that the shareholder had the ability to pay the

  • Crouse v. State

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James S. Anderson Clarke & Anderson PC, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray, Assistant District Attorney, Marietta, and Lee Ann DeGrazia District Attorney's Office, Chicago, Ill., for appellee.
    Case Number: A04A2246

    The state was not required to introduce proof of the legal description of the property where the defendant dumped illegal waste, because the legal description of the property was not an element of t

  • Tidwell v. Bassett

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard S. Alembik, Decatur, for appellant.
    for defendant: Joel P. Day and Bradford C. Dodds Funderburk, Day and Lane, Columbus, for appellee.
    Case Number: A04A0438

    Evidence that the defendant agreed to lease back a parking space from the plaintiff following the dissolution of their medical practice supported the jury's finding that the parties intended the dee

  • Ferrell v. United Water Servs. Unlimited Atlanta LLC

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Kevin C. Ford, Atlanta, for appellant.
    for defendant: . Thomas E. Magill and Jonathan A. Barash Magill & Atkinson LLP, Atlanta, for appellee.
    Case Number: A04A2077

    A water company's alleged failure to put out cones and warnings that its vehicles were parked in a curb lane was not the proximate cause of the plaintiff's in

  • Soto v. CarMax Auto Superstores Inc.

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Amy M. Budow, Eric S. Fortas, Shireen Hormozdi, Adam Krohn and David A. Stevens Krohn & Moss Ltd., Atlanta, and Scott M. Cohen Krohn & Moss Ltd., Chicago, Ill., for appellant.
    for defendant: John L. McKinley Carter & Ansley, Atlanta, for appellee.
    Case Number: A04A1642

    The plaintiff did not show that a car dealer breached an implied warranty when it sold him a used vehicle with 53,000 miles on the odometer, since most of the plaintiff's relatively minor complaints

  • Georgia Dep't of Transp. v. Crumbley

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, R. O. Lerer, Senior Assistant Attorney General, Atlanta, and Warren R. Power Power, Futch & Cooper PC, McDonough, for appellant.
    for defendant: William A. White and A. J. Welch Jr. Smith, Welch & Brittain, McDonough, for appellees.
    Case Number: A04A2116

    The DOT could not complain about the trial court's ruling on calculation of the diminished value to the remaining land after condemnation, since the ruling resulted in a lesser value of consequentia

  • Delong v. Domenici

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Hugh W. Rowling Jr., Senior Associate County Attorney, and Deborah L. Dance County Attorney's Office, Marietta, for appellant.
    for defendant: J. Alfred Johnson and Shondra J. Pruitt, Marietta, for appellee.
    Case Number: A04A2222

    An off-duty officer was immune from suit arising out of his arrest of the plaintiff for suspecte

  • Garrett v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A04A2201

    The trial court did not abuse its discretion in refusing to allow defense counsel to argue about the state's failure to call the endant as a witness where nothing in the record showed that the

  • Maddox v. State

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thomas P. Lenzer and Robert W. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Peter H. Boehm, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A04A1630

    A jury charge on deliberate ignorance was appropriate where the defendant knew her son was going to burn down their home for the insurance money, created an alibi and attested to the items falsely l

  • Robinson v. State

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Frederick M. Scherma, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amy H. McChesney and C. Lance Cross, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A1874

    The victim's and a witness's prior inconsistent state were admissible as substantive evidence after both men testified at trial and denied making the state