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  • Ogilvie v. State

    Publication Date: 2011-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jackie G. Patterson, Atlanta, for appellant. Nicole D. Marchand District Attorney's Office, and Teri B. Walker, Assistant Solicitor General, Decatur, for appellee.
    for defendant:
    Case Number: A11A0862

    The Court reversed the defendant's convictions for second degree vehicular homicide and failure to stop for a pedestrian in a crosswalk because the trial court erred in declining to give her request

  • Seymour v. State

    Publication Date: 2011-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Patricia A. Provost Public Defender's Office, Royston, for appellant. Robert W. Lavender, District Attorney, Elberton, and James A. Carmichael, Assistant District Attorney, Hartwell, for appellee.
    for defendant:
    Case Number: A11A0894

    The Court reversed the defendant's conviction because the trial court employed an incorrect standard in denying the defendant the right to represent hi

  • McCree v. State

    Publication Date: 2011-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant. R. Javoyne Hicks, District Attorney, and Anna W. Davis, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A11A0802

    The defendant failed to establish a violation of her speedy trial rights under the second stage of the Barker in

  • Paragon Technologies Inc. v. InfoSmart Technologies Inc.

    Publication Date: 2011-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Anthony O. Powell Webb, Tanner & Powell, and Kavan S. Grover, Lawrenceville, for appellant. David M. Messer Briskin, Cross & Sanford LLC, Alpharetta, for appellee.
    for defendant:
    Case Number: A11A1237

    The trial court did not err in finding the restrictive covenant in an independent contractor agreement, which precluded the independent contractor from accepting unsolicited work from employer's for

  • PlayNation Play Sys. Inc. v. Jackson

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Marc B. Hershovitz, Atlanta, for appellant. Christina M. Baugh Fellows LaBriola LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1449

    The defendant could not be held responsible for the debt his corporation's current fictitious company or "d/b/a" incurred, since the debtor listed on the personal guaranty at issue was his corporati

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Davis v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant. Daniel J. Porter, District Attorney, Alston C. McNairy and William C. Akins, Assistant District Attorneys, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A1269

    The trial court erred in failing to merge the defendant's aggravated assault conviction into his attempted armed robbery conviction, as both crimes were complete when the defendant pointed a gun at

  • Turner v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Floyd M. Buford Jr. Buford & Buford, Macon, for appellant. Fredric D. Bright, District Attorney, Milledgeville, and Keagan W. Goodrich District Attorney's Office, Gray, for appellee.
    for defendant:
    Case Number: A11A1106

    The trial court did not abuse its discretion in excluding the defendant's testimony regarding the 16-year-old rape victim's statements to him that she had sex in the past with her boyfriend and wit

  • Miranda v. Stewart

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Paul V. Balducci, Augusta, for appellants. Charles C. Mayers, Augusta, for appellee.
    for defendant:
    Case Number: A11A0893

    The trial court erred in finding that it had no jurisdiction over the plaintiffs' O.C.G.A. § 9-11-60 g motion to set aside th issal of their case because the term of court in which it entered t

  • Lynx Real Estate Inc. v. F.A.L. Investments LLC

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jefferson M. Allen Cohen, Cooper, Estep & Allen LLC, Atlanta, for appellant. Timothy W. Haley Smith Welch Webb & White LLC, Jackson, for appellee.
    for defendant:
    Case Number: A11A1255

    The trial court erred in granting summary judgment to the defendant because genuine issues of material fact remained as to whether the plaintiff was entitled to a commission on the sale of commercia

  • Morman-Johnson v. Hathaway

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Angela Morman-Johnson, Acworth, proceeded pro se. Dennis G. Lovell Jr. and Vera M. Stock Carlock Copeland Semler & Stair LLP, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1188

    The trial court did not abuse its discretion in giving the Allen charge, as the jury sent a note to the trial court on the first day of deliberations indicating that it was deadlocked 11-1 and askin