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  • First Nat'l Bank of Ames, Iowa v. Innovative Clinical and Consulting Servs. LLC

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William V. Custer IV and Jennifer B. Dempsey Powell, Goldstein, Frazer & Murphy, Atlanta, for appellant.
    for defendant: Tyler C. Dixon Raiford, Dixon & Thackston, Atlanta, for appellee.
    Case Number: A03A1767

    An f-state bank did not engage in purposeful business activity in Georgia when it exchanged phone calls and letters with the plaintiff about two accounts opened for the plaintiff's benefit by a

  • Nash v. Ohio Nat'l Life Ins. Co.

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Hayes M. Dever and Patricia J. Duffy Friedman, Dever & Merlin LLC, Atlanta, for appellant.
    for defendant: Allen S. Willingham Love & Willingham, and Michael T. Thornton, Atlanta, for appellees.
    Case Number: A03A1822; A03A1823

    The plaintiff was on notice in 1992 that the life insurance policy he purchased was a variable life insurance policy since his accountant informed him at that time that the policy was based on a pro

  • Morgan Driveaway Inc. v. Canal Ins. Co.

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert A. Reichert and Jeanna G. Fennell Anderson, Walker & Reichert LLP, Macon, for appellant.
    for defendant: . Barbara S. Boyer Katz, Flatau, Popson & Boyer LLP, Samuel F. Hart Jr. Adams & Jordan, and Marc T. Treadwell, Macon, for appellee.
    Case Number: A03A1741

    The insurer was exempt from direct suit under former O.C.G.A. § 46-1-1 9

  • Georgia Dep't of Human Resources v. Odom

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, Bryan K. Webb, Senior Assistant Attorney General, and Kendal L. Kerew, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Jerry W. Brimberry Brimberry, Kaplan & Brimberry PC, Albany, for appellee.
    Case Number: A03A2164

    Some evidence supported the state personnel board's termination of the plaintiff's employment as a health service technician for a psychiatric fac

  • Miller v. State

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Derek M. Wright The Wright Law Firm PC, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amy H. McChesney and Jesse D. Evans, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A03A2351

    The witnesses' pre-trial identification of the defendant during a one-on-one showup was admissible since there was no substantial likelihood of misidentific

  • Lankford v. Orkin Exterminating Co. Inc.

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William G. Hasty Jr., Patricia B. Ball Law Offices of William G. Hasty Jr. PC, Canton, Geoffrey E. Pope, Robert E. Shields Doffermyre, Shields, Canfield, Knowles & Devine, Atlanta, and Monica B. Patel Suggs, Kelly & Middleton, Savannah, for appellant.
    for defendant: . Leann Jones Powell, Goldstein, Frazer & Murphy, Atlanta, and Sam P. Inglesby Jr. Inglesby, Falligant, Horne, Courington & Chisholm PC, Savannah, for appellees.
    Case Number: A03A2067

    The plaintiffs' claims are subject to the arbitration clause in a pest control con because they accepted benefits and made payments under the con

  • Vann v. State

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William P. Nash Jr., Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Julia A. Slater, Assistant District Attorney, Columbus, for appellee.
    Case Number: A03A2477

    The defendant is entitled to a new trial because his counsel rendered ineffective assistance by failing to move to sever charges of possession of a firearm by a convicted felon from the remaining ch

  • Griner v. Georgia Farm Bureau Mut. Ins. Co.

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Douglas L. Mutert, Valdosta, for appellant.
    for defendant: Edward F. Preston Coleman, Talley, Newbern, Kurrie, Preston & Holland LLP, John H. Smith Jr. Young, Thagard, Hoffman & Smith, Valdosta, and John T. Croley Jr., Fitzgerald, for appellees.
    Case Number: A03A1673

    The defendants could not foresee that a trained firefighter would hand an unlicensed rescue worker a knife and tell him to "blow" the front tires of a truck that was wedged under another truck foll

  • Bacon v. Volvo Serv. Ctr. Inc.

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert W. Hughes Jr. Hughes & Kaplan, Stone Mountain, for Bacon Tanya A. Eades, Buford, Thomas T. Tate and Elizabeth L. Clack-Freeman Anderson, Tate, Mahaffey & McGarity PC, Lawrenceville, for Volvo Serv. Ctr. Inc. Other party representation: Kenneth J. Lander McNally, Edwards, Bailey & Lander, Monroe.
    for defendant:
    Case Number: A03A2348; A03A2349

    The defendants were entitled to j.n.o.v. on the plaintiff's claim for misappropriation of the plaintiff's customer list because there was no evidence that the plaintiff took any precautions to maint

  • Lyons v. State

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James D. Lamb, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and David B. Ross, Assistant District Attorney, Columbus, for appellee.
    Case Number: A03A1747

    The trial court's error in allowing a police officer to testify regarding a pre-trial identification of the defendant was harmless since it was cumulative of properly admitted identification test