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  • Newby v. State

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Martin B. Newby, Alamo, proceeded pro se. Robert E. Keller, District Attorney, and Jane E. Grabowski, Assistant District Attorney, Jonesboro, for appellee.
    for defendant:
    Case Number: A03A0385

    Although defendant couched his claim as an attack on a void sentence, he waived appellate review by failing to raise that alleged error in his prior

  • Trammell v. Bryant

    Publication Date: 2003-04-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Boykin Edwards Jr., Decatur, for appellant.
    for defendant: Christopher S. Jones Elarbee, Thompson & Trapnell, Atlanta, for appellee.
    Case Number: A03A0768

    The Court awarded the landlord frivolous appeal damages because the pro se tenant appealed the dispossessory judgment for the sole purpose of delaying the landlord's recovery of the pro

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

    Publication Date: 2003-04-11
    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

  • Moon v. Terrell County, Ga.

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jerry W. Brimberry Brimberry, Kaplan & Brimberry PC, Albany, for appellant.
    for defendant: Edward R. Collier Collier & Gamble LLP, Dawson, for appellees.
    Case Number: A02A1708

    The plaintiff could not assert a state claim for back pay where he explicitly released such a claim when he settled his concurrent federal la

  • Burchette v. State

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Philip C. Smith, District Attorney, Rand J. Csehy and Penny A. Penn, Assistant District Attorneys, Cumming, for appellee.
    Case Number: A02A2236

    Defendant was angry with the victims for failing to return his earnest money and he was the only person inside or near the victims' house when the intentionally set fire

  • Pilzer v. The Va. Ins. Reciprocal as Subrogee of Scottish Rite Children's Med. Ctr. Inc.

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Earl W. Gunn and Ashley P. Nichols Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellant.
    for defendant: Jeffrey B. Hanson and Mitchel P. House Jr. Sell & Melton, Macon, for appellee.
    Case Number: A02A2217

    Since the plaintiff's contribution claim required proof of the defendant's negligence in conjunction with a 10-year-old medical malpractice suit, the 5-year statute of repose for medical malpractice

  • Yates v. Dublin Sir Shop Inc.

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James L. Ford Sr. Ford & Barnhart LLP, Atlanta, for appellant.
    for defendant: . Francis M. Lewis Lewis & King LLC and John F. Helton Hilbun & Helton LLC, Dublin, for appellees. Other Party Representation: Thurbert E. Baker Jr., Attorney General, and George S. Zier, Assistant Attorney General, Atlanta.
    Case Number: A02A1891

    The Court balanced the bias against finding restrictions by implication against the cardinal rule of contract construction-ascertaining the parties' intent-and found that the trial court properly g

  • Studenic v. Birk

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Douglas J. Davis Davis Law Group PC and Wayne S. Tartline Belli, Weil, Grozbean & Davis LLP, Atlanta, for appellant.
    for defendant: John K. Moore and John H. Moore Moore, Ingram, Johnson & Steele, Marietta, for appellees.
    Case Number: A02A1844

    The trial court's sua sponte grant of summary judgment to the defendants was premature because the critical issue on which the trial court based its final judgment was one never before raised by the

  • Brooks-Powers v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Samuel L. Starks Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Walter B. McClelland Mabry & McClelland LLP, and Robert J. Routman, Atlanta, for appellee.
    Case Number: A02A2448

    The exclusive remedy provision of the Workers' Compensation Act barred the plaintiff's suit arising out of her husband's death at work, while inspecting a segment of MARTA

  • Williams v. Bragg

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Zena E. McClain, Savannah, for appellant.
    for defendant: Jordon D. Morrow Brannen, Searcy & Smith, Savannah, for appellee.
    Case Number: A02A2338

    The plaintiff failed to exercise the greatest possible due diligence in serving the defendant outside the statute of limitation after he learned of a problem with se