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  • Parks v. Thompson Builders Inc.

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Allan E. Alberga, Atlanta, for appellant.
    for defendant: Daniel S. Digby, Conyers, for appellee.
    Case Number: A08A2202

    Since the parties' real estate contract was u ceable, the provision barring the return of the plaintiff's earnest money, if she failed to exercise due diligence in pursuing financing, was also

  • Cannon v. State

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Anthony N. Perrotta, Cartersville, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A08A2252

    The trial court did not abuse its discretion in admitting evidence that the defendant previously engaged in a similar pattern of grooming a young boy before molestin

  • Mackey v. State

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Melinda I. Ryals Public Defender's Office, Nashville, for appellant.
    for defendant: Catherine H. Helms, District Attorney, Clayton A. Tomlinson, Assistant District Attorney, Nashville, and Cynthia D. Hendrix, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A08A2051

    The officers responding to a dispatch about a vehicle driving recklessly in a liquor store p lot had a lawful right to arrest the defendant based on their own observations of him leaving the

  • Johnson v. State

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert P. Phillips III, Savannah, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Brian A. Deal, Assistant District Attorney, and Joseph B. Black, Statesboro, for appellee.
    Case Number: A08A1593

    The trial court erred in refusing the defendant's written request to c on the lesser offense of possessing less than one ounce of marijuana, since some evidence supported the c

  • Hardwick v. Fortson

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Clifford H. Hardwick, Roswell, for appellant.
    for defendant: Render C. Freeman Anderson, Tate & Carr PC, Lawrenceville, for appellee.
    Case Number: A08A2262

    The parties' settlement agreement in bankruptcy court barred the trial court's award of fees against Ha

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Jasper County Tax Bd. of Tax Assessors v. Solomon

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Mary E. Hand and Kevin T. Brown Sell & Melton LLP, Macon, for appellant.
    for defendant: W. Dan Roberts, Monticello, for appellee.
    Case Number: A08A1763.

    O.C.G.A. § 48-5-7.4 does not allow a taxpayer's property to qualify as bona fide conservation use property, when restrictive covenants prevent the property owner from conducting some, but not all, a

  • Mahoney v. State

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael O. Horgan, Washington, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, and William P. Doupe', Assistant District Attorney, Thomson, for appellee.
    Case Number: A08A2430

    Defense counsel was not deficient for failing to request a charge, which the evidence did not su

  • Ogburn v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Joshua D. Morrison, Assistant District Attorney, Perry, for appellee.
    Case Number: A08A2296

    The narcotics investigator's testimony that, in his opinion, and based upon his experience and training, the evidence indicated that it was going to be used for the manufacture or distribution of me

  • Sharpton v. Hall

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James B. McGinnis, Lawrenceville, for appellant.
    for defendant: Anthony O. Powell and James E. Carlson Webb, Tanner, Powell, Mertz & Wilson LLP, Lawrenceville, for appellee.
    Case Number: A08A2180

    The probate court did not abuse its discretion in granting limited access to the deceased incompetent adult's property-related re

  • In the Interest of M. W.

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Mark J. Nathan, Assistant Public Defender, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Kimberly Rowden, Assistant District Attorney, Savannah, for appellee.
    Case Number: A08A2128

    Testimony that the defendant told the victim's son that he was going to burglarize the victim's home, the defendant often discussed robbing somebody, and hours after the burglary the defendant was