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  • Ferqueron v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: George G. Dean II Gibson Dean II PC, Buford, for appellant.
    for defendant: William A. Myers Myers & Stroberg, Gainesville, for appellee. Other party representation: Charles B. Zirkle Jr., Heather H. Miller, Kerri A. Hochgesang Zirkle & Hoffman LLP, Stephanie E. Feingold and Robert M. Darroch Mabry & McClelland LLP, Atlanta.
    Case Number: A04A1712

    The unambiguous terms of the plaintiff's insurance policies entitled the insurer to offset any uninsured motorist benefits it was obligated to pay the plaintiff as a result of an automobile collisio

  • Dailey v. State

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, and Laura J. Murphree, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A2018

    The defendant left a fingerprint left on a note used in a hotel ro

  • Ayoluwa v. State

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Harold S. Gulliver, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A04A2181

    The trial court acted within its discretion in allowing the state to reopen evidence just before closing arguments to clarify its

  • Fluke v. Westerman

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Denise D. VanLanduyt and Joyce D. Colmar, Atlanta, for appellant.
    for defendant: Randall A. Constantine and Robert E. Johnson Jr. Mazursky & Dunaway LLP, Atlanta, for appellee.
    Case Number: A04A2133

    O.C.G.A. § 7-1-812 a creates a rebuttable presumption that funds deposited into a joint account do not constitute a gift during the depositor's lif

  • Daniel v. State

    Publication Date: 2005-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Renate D. Moody, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, and Gregory W. Winters, Assistant District Attorney, Macon, for appellee.
    Case Number: A04A1987

    The victim's character was irrelevant to the issues of whether the defendant and another man robbed him at gunpoint and shot him in the hip when he tried to run

  • Taylor v. Bennett Chevrolet/Buick Inc.

    Publication Date: 2005-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Martha F. Dekle, Brunswick, and Fletcher Farrington, Savannah, for appellant.
    for defendant: . John J. Ossick Jr., Kingsland, for appellee.
    Case Number: A04A1912

    In the plaintiffs' fraud suit against a car dealer, the trial court properly excluded evidence of a substantially different transaction between the defendant and another cus

  • Rogers v. Smith

    Publication Date: 2005-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Lloyd N. Bell Jones & Bell LLP, Atlanta, for appellant.
    for defendant: . Lloyd B. Hedrick Jr. Gray, Hedrick & Edenfield LLP, Atlanta, for appellee.
    Case Number: A04A1855

    There was no evidence that the father could have reasonably foreseen that his live-in girlfriend would leave her car running when she returned home or the resulting aftermath in which his son was al

  • In the Interest of D. L.

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Harold W. Wallace III, Thomson, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, William C. Joy, Senior Assistant Attorneys General, Laura W. Hyman, Assistant Attorney General, Atlanta, Thomas B. Hammond, Thomson, for appellee. Other party representation: William B. Swan Jr. Knox & Swan and Jane S. Dansie, Thomson.
    Case Number: A04A1812

    Evidence that the biological mother suffers from serious and longstanding mental problems supported the termination of her parental r

  • Kellam v. State

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert P. Phillips III, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Michael R. Tabarrok, Assistant District Attorney, Savannah, for appellee.
    Case Number: A04A1764

    The trial court did not abuse its discretion in imposing attendance at a county DUI court treatment program as part of the defendant's sen

  • The Kroger Co. v. U. S. Foodservice of Atlanta Inc.

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David C. Newman and Edward D. Burch Jr. Smith, Gambrell & Russell, Atlanta, for Kroger. J. Christopher Simpson, Atlanta, for U. S. Foodservice of Atlanta Inc.
    for defendant:
    Case Number: A04A0936; A04A0937

    The trial court erred in amending the judgment on a jury verdict for amounts due on a commercial account to remove its prior awards of statutory attorneys' fees and prejudgment int