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  • In the Interest of M. D. B.

    Publication Date: 2003-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Mark J. Nathan, Savannah, and Orin L. Alexis Dep't of Justice U. S. Virgin Islands, Christianstead, VI, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, and Leo G. Beckmann Jr., Savannah, for appellee.
    Case Number: A03A1035

    The father's history of untreated substance abuse and evidence that he suffered from chronic depression and an antisocial personality disorder supported the termination of his parental r

  • Harland v. State

    Publication Date: 2003-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ramon W. Palanca Jr. and Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Lalaine A. Briones, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A03A1628

    The record supported the trial court's finding that the 17-year-old defendant knowingly and voluntarily waived his rights when he pled guilty to child molestation and making terroristic th

  • Reeves v. State

    Publication Date: 2003-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Julian M. Treadaway, Marietta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Jessica K. Moss, Chief Assistant Solicitor General, and Sandra G. Dawson, Assistant Solicitor, Marietta, for appellee.
    Case Number: A03A1344

    Defendant fondled a wheelchair-bound resident at a special care fac

  • Bennett v. State

    Publication Date: 2003-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Lucy J. Bell, Thomson, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, and Rindi L. Rozier, Assistant District Attorney, Thomson, for appellee.
    Case Number: A03A1087

    The trial court had authority under the circumstances to find that defendant's last-minute request to withdraw his valid waiver of a jury trial was a mere dilatory t

  • Town of Register v. Fortner

    Publication Date: 2003-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Mason White and James D. Kreyenbuhl Brennan, Harris & Rominger, Savannah, for the Town of Register. Robert L. Jenkins Smith & Jenkins, Savannah, and Wilson R. Smith Smith & Jenkins, Vidalia, for Fortner. Matthew D. Williams and Robert S. McEvoy Casey, Gilson & Williams, Atlanta, for Ogeechee Ry.
    for defendant:
    Case Number: A03A0636; A03A0637

    The defendants were entitled to summary judgment in an action for failure to maintain a railroad right-of-way because the vegetation at issue was located on private property and the plaintiff failed

  • Fulton County Bd. of Ed. v. Taylor

    Publication Date: 2003-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thomas C. Holcomb and Clayton E. Robertson McLain & Merritt PC, Atlanta, for appellant.
    for defendant: Lawrence T. Clements Clements, Clark & Sweet PC, Atlanta, for appellee. Other party representation: Lee Southwell State Bd. of Workers' Comp., Atlanta.
    Case Number: A03A0729

    The Court of Appeals had jurisdiction to entertain a discretionary appeal from the superior court's remand of the appellate division's decision in a workers' compensation case because the remand or

  • Mack v. Georgia Auto Pawn Inc.

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerard J. Lupa, Decatur, for appellant.
    for defendant: Stephen M. Forte, Thomas M. Barton and Samira Jones Smith, Gambrell & Russell LLP, Atlanta, for appellees.
    Case Number: A03A0410

    A pawnshop's offer to refund all charges relating to a title loan transaction other than the principal amount of the loan constituted a good faith offer to avoid suit under the Georgia Pawnsho

  • Shaw Indus. v. Shaw

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Mark D. Newberry Kinney, Kemp, Pickell, Sponcler & Joiner, Dalton, for appellant.
    for defendant: Thomas M. Finn Finn & Hurt, Dalton, for appellee.
    Case Number: A03A0574

    The permissive language of Board Rule 262 a allows consideration of additional methods for calculating the wage an employee is able to earn after an i

  • Reliable Bonding Co. v. The State of Ga.

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John L. Strauss, Covington, for appellant.
    for defendant: John A. Nix Maddox, Starnes & Nix, Conyers, for appellee.
    Case Number: A03A0483

    O.C.G.A. § 17-6-71 b did not expressly require the trial court to send a bonding company notice of entry of the forfeiture judgment on an appearance bond where the bonding company had notice of the

  • Camp v. Peetluk

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Randolph G. Rich Rich & Smith PC, Lawrenceville, for appellant.
    for defendant: . Michael E. Hutchins, Frank A. Illardi Kasowitz, Benson, Torres & Friedman and Clinton W. Sitton Martin & Jones LLC, Atlanta, for appellees.
    Case Number: A03A0176

    Evidence of the first defendant's alleged bad faith precluded summary judgment on the issue of whether arties' joint representation agreement was terminated when arties' injury client fire