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  • Newitt v. First Union Nat'l Bank

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven W. Hardy and William D. Friend Friend, Hudak & Harris LLP, Atlanta, for appellant.
    for defendant: . Gerald Davidson Jr. Davidson & Tucker LLP, Duluth, Stephen W. Riddell and Lynette E. Smith Troutman Sanders LLP, Atlanta, for appellees.
    Case Number: A04A1156

    The defendants were entitled to summary judgment on the plaintiffs' negligent misrepresentation and negligence claims alleging that they were given inappropriate investment advice, since the plainti

  • Webb v. State

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John T. Strauss, Walton County Pub. Defender, Monroe, for Webb. William K. Wynne Jr., District Attorney, and Jeffrey L. Foster, Chief Assistant District Attorney, Covington, for the state.
    for defendant:
    Case Number: A04A0860; A04A0861

    The defendant was not entitled to the lessor of two punishments under the rule of lenity, because his convictions for child molestation and sexual battery were both fel

  • Monroe v. Hyundai Motor Amer. Inc.

    Publication Date: 2004-12-10
    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, for appellant.
    for defendant: Jeremy M. Moeser and Eugene M. Thomas IV McKenna, Long & Aldridge LLP, Atlanta, for appellee.
    Case Number: A04A1580

    The plaintiff failed to present competent evidence of damage in his breach of warranty suit arising out of his purchase of a 1999 Hyundai S

  • State v. Godbolt

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Alvera A. Wheeler, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Deborah J. Poole, Atlanta, for appellee.
    Case Number: A04A1257

    The officer had probable cause to stop the defendant who was one of three men running rapidly and haphazardly across lawns and jumping over fences at 6:4

  • In the Interest of G. W. R.

    Publication Date: 2004-11-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Denise S. Esserman and Rita C. Spalding, Brunswick, for appellant.
    for defendant: Donald C. Gibson, Brunswick, for appellee. Other party representation: John P. Rivers, Brunswick.
    Case Number: A04A1448

    The father had an extensive criminal history, including convictions for aggravated assault, aggravated battery and domestic violence, he threatened the children's and their mother's lives and he ow

  • Davita Inc. v. Othman

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John F. Kennedy and John E. Hall IV Hall, Bloch, Garland & Meyer, Macon, for appellant.
    for defendant: . David M. Baxter and Austin E. Carter Stone & Baxter, Macon, for appellee.
    Case Number: A04A1175

    The state court had jurisdiction over the dispossessory action since the equitable relief sought by the tenants-to remain in possession of the premises until such time as adequate alternative premis

  • Coastal Transp. Inc. v. Tillery

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Grant B. Smith and Michael W. Horst Dennis, Corry, Porter & Smith LLP, Atlanta, for appellant.
    for defendant: . Thomas R. Taggart The Taggart Law Firm, Savannah, and William M. Shingler, Donalsonville, for appellee.
    Case Number: A04A0892

    Chatham county was not the proper venue for a personal injury action arising out of a collision on a highway in Dougherty county, which involved a motor carrier whose registered agent was located el

  • Quenga v. State

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael L. Edwards Weiner, Shearouse, Weitz, Greenberg & Shawe LLP, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Nancy G. Brimberry, Assistant District Attorney, Savannah, for appellee.
    Case Number: A04A1208

    The defendant stopped three female victims in the early hours for separate traffic violations and transported them to isolated places where he raped the first victim and fondled the secon

  • A. S. Reeves & Co. Inc. v. McMickle

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: R. Alex Crumbley Crumbley & Crumbley, McDonough, for appellant.
    for defendant: James A. Vaughn and Amy G. Boyer Vaughn, Wright & Stearns, Forsyth, for appellees.
    Case Number: A04A0831

    Plaintiff's option to repurchase four acres of real estate from the defendants was unenforceable under the Statute of Frauds for lack of specificity in its

  • Garmon v. State

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey S. Purvis Tanyard Oaks, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Assistant District Attorney, Cumming, for appellee.
    Case Number: A04A1560

    O.C.G.A. § 16-13-31 e 3 mandates a 25-year sentence for trafficking in more than 400 grams of methamphet