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  • RCG Properties LLC v. City of Atlanta Bd. Of Zoning Adjustment

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Peter M. Degnan and Candace N. Smith Alston & Bird, Atlanta, for appellant.
    for defendant: Susan P. Langford, David D. Blum, Lemuel H. Ward City of Atlanta Law Dep't, Christine K. Huffine, Lisa A. Wade and Bradley S. Wolff Swift, Currie, McGhee & Hiers, Atlanta, for appellee.
    Case Number: A02A1669

    The superior court erred in dismissing the appeal of a decision of the city of Atlanta Board of Zoning Adjustment BZA for lack of standing because it was bound by the facts presented to the BZA and

  • Barnes v. St. Stephen's Missionary Baptist Church

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Bradley J. Survant, W. Carl Reynolds Reynolds & McArthur, Macon, and William P. Keener, Atlanta, for appellee. Patricia G. Lynch Drew, Eckl & Farnham, Atlanta, for appellee.
    for defendant:
    Case Number: A02A2277

    A church owed the plaintiff no duty of care arising out of the injuries she sustained during a criminal attack near an abandoned building which the church had not used for two

  • Jones v. State

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Cornilius Jones, Estill, proceeded pro se. Thurbert E. Baker Jr., Attorney General, Atlanta, and D. Duston Tapley Jr., Solicitor, Lyons, for appellee.
    for defendant:
    Case Number: A02A2359

    The trial court abused its discretion in denying defendant's motion for an out-of-time appeal after he showed that he was pro se, that he was not notified of the hearing on his motion for new trial

  • Phanamixay v. State

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Darrell B. Reynolds Sr., Decatur, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Jane E. Grabowski, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A02A2414

    The defendant admitted that he and his accomplices robbed a video store and its occupants with a gun and a knife, they taped the victims' eyes, mouths, legs, hands and arms and they dragged the vic

  • Sparks v. Peaster

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Lonzy F. Edwards Edwards & Youmas, Macon, for appellant.
    for defendant: John J. Makowski Chambliss, Higdon & Carson, Macon, for appellee.
    Case Number: A02A2190

    A local political activist was a limited purpose public figure for purposes of his defamation suit because of his extensive participation in city af

  • McFarlin v. State

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Donald C. Evans Jr. and James E. Goad, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Mickey R. Thacker, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A02A2193

    Defendant and her co-defendants drove the victim to an abandoned house where they attacked her and stabbed her numerous

  • Jones v. State

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Timothy T. Herring, Atlanta, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Chad M. Doleac, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A02A2334

    The arresting officer had authority to detain the defendant for a reasonable amount of time following a valid traffic stop to determine the status of the defendant's li

  • Harper v. State

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William R. Carlisle, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Gregory D. McKeithen, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A2268

    The value of the checks which the defendant stole and negotiated was equal to the $35,602.55 in federal reserve notes they repres

  • Griffin v. Rutland

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Alexander R. Nemajovsky and Ralph O. Scoccimaro Brown & Scoccimaro PC, Albany, for appellant.
    for defendant: Wayne D. McGrew III and Rebecca C. Wall Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellee.
    Case Number: A02A2289

    The trial court did not abuse its discretion in opening the defendant's default where the defendant reasonably believed that his automobile insurer was defending the plaintiff's

  • In the Interest of A. H.

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: O. Hale Almand Jr. and Amy R. Reese Almand & Wiggins, Macon, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, and Jason S. Johnson, Assistant District Attorney, Forsyth, for appellee.
    Case Number: A02A1817

    The judge's remarks in attempting to clarify the exact terms of the juvenile's probation and the requirement that he attend public school did not evidence obvious bias against home schooling and did