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  • Stephenson v. State

    Publication Date: 2003-05-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Victor Hawk, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Michael S. Carlson and Charles R. Sheppard, Assistant District Attorneys, Augusta, for appellee.
    Case Number: A03A0642

    Contrary to defendant's claim, the trial judge did not rely on the challenged evidence in imposing defendant's se

  • Dix v. Shadeed

    Publication Date: 2003-05-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert P. Bleiberg Hill & Bleiberg, Atlanta, for appellant.
    for defendant: Thomas S. Carlock and Ashley E. Taylor Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.
    Case Number: A02A1333

    Since a DeKalb Count professional corporation was not operating as a medical practice during the plaintiff's treatment, the defending doctor did not provide medical services to the plaintiff as an a

  • Padgett v. Toal

    Publication Date: 2003-05-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John M. Brown, Augusta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Charles E. Hoffecker and Mark J. Cicero, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: A03A0041

    The Georgia Department of Community Health was entitled to enforce its lien for medical payments against the plaintiff's injury settlement under the Georgia Medical Assistance

  • Mitchell v. BBB Servs. Co. Inc., d/b/a Wendy's

    Publication Date: 2003-05-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Teddy R. Price, Decatur, for appellant.
    for defendant: Richard O. Samms Phears & Moldovan, Norcross, and Bobby B. Terry Misner, Scott & Martin, Atlanta, for appellee.
    Case Number: A03A0345

    Factual questions remained as to whether a restaurant breached the implied warranties of merchantability and fitness for purpose in selling the plaintiff a hamburger containing a hard bone-colored o

  • Park v. State

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael M. Sheffield, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Jennifer Kolman, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A03A0220

    The trial court abused its discretion in attempting to rehabilitate a juror who expressed a clear bias against the defendant based on his experiences as a police of

  • Clayton v. Moore

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Daniel F. Ashley, Jonesboro, for appellant.
    for defendant: Celeste F. Brewer, Atlanta, for appellee.
    Case Number: A02A2043

    A previously entered child support order took priority over an attorney's

  • Balbosa v. State

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Melvin E. Hyde Jr., Assistant District Attorney, Columbus, for appellee.
    Case Number: A01A1188

    The Court of Appeals adopted the Supreme Court's judgment that a harmless error analysis may not be applied to a jury trial w

  • Great Divide Ins. Co. v. Safeco Ins. Co.

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Hall F. McKinley III and Andrew D. Horowitz Drew, Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: Ray C. Smith, Richmond Hill, and Sarah B. Atkins Ellis, Painter, Ratterree & Bart LLP, Savannah, for appellee.
    Case Number: A02A2315

    An insurance policy covering plaintiff's sole proprietorship provided primary coverage for plaintiff's injuries in an accident involving an uninsured motorist, since plaintiff was driving a dump tru

  • Barrow County Airport Auth. v. Romanair Inc.

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James E. Palmour III, Gainesville, for appellant.
    for defendant: Morton M. Wiggins III, Bogart, for appellee.
    Case Number: A03A0369

    Appellant was not entitled to costs on r even though it obtained a partial reversal of the trial court's original judgment, since the trial court did not substantially modify its judgment on r

  • Holmes v. Achor Ctr. Inc.

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Kenneth R. Homes, Lithonia, proceeded pro se. Milton B. Satcher III Jennings, Sparwath & Satcher, Marietta, for appellee.
    for defendant:
    Case Number: A03A0240

    In a suit for malicious prosecution, a finding of probable cause as it related to the p ff's arrest for one crime constituted a binding determination that there was also probable cause for the