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  • Waugh v. Waugh

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Dewey R. McKenzie Jr. Willis, McKenzie & Long, LaGrange, for appellant.
    for defendant: . Louis R. Kirby Kirby & Roberts, LaGrange, for appellee.
    Case Number: A03A1890; A03A1891

    Some evidence supported a finding that the plaintiff and his father had an equal partnership in the family auto junkyard and the father intended the son to take over the family business once he beca

  • Blackwell v. Potts

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Taylor W. Jones, Jenny E. Jensen Taylor W. Jones & Assocs., William Q. Bird William Q. Bird & Assocs., and Richard E. Harris, Atlanta, for Blackwell. James T. McDonald Jr. and John S. Berry Swift, Currie, McGhee & Hiers LLP, Atlanta, for Potts.
    for defendant:
    Case Number: A03A2400; A03A2401

    The trial court abused its discretion in concluding that the legal malpractice plaintiffs were categorically restricted to the evidence already in the record when the defendants represented them in

  • Brahn v. Young

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joseph H. Chambless Chambless, Higdon & Carson, and David N. Nelson Chambless, Higdon, Richardson, Katz & Griggs LLP, Macon, for appellant.
    for defendant: . James E. Lee II, Macon, for appellees.
    Case Number: A03A2275

    The plaintiff filed suit more than two years after the defendant allegedly misdiagnosed her medical cond

  • Smith v. State

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert F. Smith, Folkston, proceeded pro se. Richard E. Currie, District Attorney, Waycross, and Allen R. Knox, Assistant District Attorney, Douglas, for appellee.
    for defendant:
    Case Number: A03A1804

    The Court remanded for the trial court to consider the merits of defendant's claim that the state denied him his constitutional right to a speedy trial under the analytical framework in State v. Ba

  • Franco v. Cox

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Glenville Haldi, Roswell, for appellant.
    for defendant: . Rodney S. Shockley Downey & Cleveland, Marietta, for appellee.
    Case Number: A03A2288

    The first plai voluntarily paid for the damage to a jet ski on the second plai s behalf, so the defendant who allegedly damaged the ski had no legal obligation to the first plai

  • Roy A. Carroll d/b/a Animal Care Clinic v. Finova Capital Corp.

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James A. Elkins Jr., Columbus, for appellant.
    for defendant: . L. Brown Bivens, Atlanta, for appellee.
    Case Number: A03A2325

    The trial court's ruling on the merits of plaintiff's claim during a limited hearing on whether the statute of limitation had expired did not give defendant notice and a full opportunity to be

  • Mize v. Regions Bank

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven Mize, Royston, proceeded pro se. John S. Jenkins Jenkins & Assocs., Elberton, for appellee.
    for defendant:
    Case Number: A03A2574

    The trial court did not abuse its discretion in denying the appellant's extraordinary motion for new trial where his stated reason for failing to file a timely motion for new trial was that he mista

  • Kinchen v. State

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Johnnie M. Graham, Albany, for appellant.
    for defendant: Cecelia M. Cooper, District Attorney, and Richard E. Nettum, Assistant District Attorney, Americus, for appellee.
    Case Number: A03A2570

    Defendant's prior guilty plea to possession with intent to distribute six pound arijuana in Dougherty County did not bar his present prosecution for possession with intent to distribute 12 poun

  • Mathis v. State

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Clark C. Adams Jr., Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Michael E. Craig, Assistant District Attorney, Columbus, for appellee.
    Case Number: A03A2518

    The defendant did not show that he was prejudiced by the state's failure to disclose his statement to prison officials as required by O.C.G.A. § 17-16-4 a 1, since the state had an open file p

  • State v. Shields

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerald N. Blaney Jr., Solicitor, Jeffrey P. Kwiatkowski, Chief Assistant Solicitor, and Emilien O. Loiselle Jr. Chief Assistant Solicitor, Lawrenceville, for appellant.
    for defendant: Mickey G. Roberts, Duluth, for appellee.
    Case Number: A03A2456

    The jury clerk's affidavit stating that jurors were summoned and available for State and Superior Courts for the January and March 2003 terms was sufficient to meet the requirements for discharge an