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  • Sands v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sheri L. Smith, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Jon R. Forwood, Assistant District Attorney, Athens, for appellee.
    Case Number: A11A0423

    Any questions regarding the determination of the witness's credibility was for the jury to d

  • MXenergy Inc. v. Georgia Publ Serv. Comm'n

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Benjamin C. Morgan Sutherland, Asbill & Brennan LLP, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, and Daniel S. Walsh Attorney General's Office, Atlanta, for appellees.
    Case Number: A11A0200

    The Public Service Commission's decision to temporarily divert certain discretionary funds from the universal service fund to Atlanta Gas Light and eight gas marketers to the extent of sixty percent

  • Dan Woodley Communities Inc. v. SunTrust Bank

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Don G. Gaskill Jr. McGahren, Gaskill & York LLC, Norcross, for appellant.
    for defendant: . Mathew A. Schuh and Michael P. Bain Busch, Slipakoff & Schuh LLP, Atlanta, for appellee.
    Case Number: A11A0365

    Southeast Timberlands v. Security Nat. Bank, 220 Ga. App. 359 1996, adversely decided the appellants' contention that an alleged error in the advertisement of the foreclosure sale of a condominium d

  • American Benefit Corp. as Trustee of the Josiah Mem. Trust v. Parking Co. of Am.

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Perry A. Phillips, Marietta, for appellant.
    for defendant: . Furman Smith Jr. Smith, White, Sharma & Halpern and Melissa J. Perignat Holt, Ney, Zatcoff & Wasserman, Atlanta, for appellees.
    Case Number: A10A0630

    The defendants failed to appear either at the pretrial conference or at trial and failed to submit a pretrial

  • Crawford v. Lawyers Title Ins. Corp.

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John S. Crawford, Fort Myers, Fla., for appellant.
    for defendant: Therese G. Franzen Franzen & Salzano PC, Norcross, for appellee.
    Case Number: A11A0002

    Because she failed to timely answer the title insurance company's request for admissions, the plaintiff could not dispute that she had actual notice of an easement unknown to her, which encumbered h

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Holland v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Elizabeth A. Brandenburg and Marcia G. Shein Law Office of Marcia G. Shein PC, Decatur, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Thomaston, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A11A0100

    The trial court may not have exercised its discretion to consider probating or suspending a portion of the defendant's 10-year recidivist sentence on her conviction for theft by shopli

  • Crossing Park Properties LLC v. Archer Capital Fund LP

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Edward H. Wasmuth Jr. Smith, Gambrell 7 Russell, Atlanta, for appellant.
    for defendant: . Paul N. Monnin and Mark E. Grantham DLA Piper US LLP, Atlanta, for appellees. Other party representation: Richard L. Robbins and Jean-Alain Schneider RobbinsFreed and Gus H. Small Jr., Atlanta.
    Case Number: A11A0728

    The provisions of an undisclosed subordination agreement materially increased the risk to which the plaintiffs were exposed, and were not standard provisions found in other subordination clauses of

  • Coca-Cola Bottlers' Sales & Servs. Co. LLC v. Novelis Corp.

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James A. Lamberth, June A. Sauntry, Sidney L. Moore III and John J. Dalton Troutman Sanders, Atlanta, for Coca-Cola Bottlers. H. Lamar Mixon Lisa R. Strauss Bondurant, Mixson & Elmore LLC, Atlanta, William G. McGuinness, David M. Morris and Kara N. Friedman Fried, Frank, Harris, Shriver & Jacobson LLP, New York, N. Y., for Novelis.
    for defendant:
    Case Number: A11A0384; A11A0385

    Genuine issues of material fact remained regarding whether the defendant breached the parties' contract by providing the plaintiff's bottling competitors with a lower cost per pound for converting m

  • Moses v. Jordan

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Mark E. Robinson Robinson & Assocs. LLC, St. Simons Island, and Peter V. Hasbrouck Martenson, Hasbrouck & Simon LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A11A0218

    Genuine issues of fact remained as to the defendant's knowledge and acquiescence to the pl f keeping the entire proceeds of a $180K contingency for himself, which occurred around the time the p

  • Davis v. Davis

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: L. Barrington Hendricks, Stone Mountain, for appellant.
    for defendant: John E. Pirkle, Hinesville, for appellee.
    Case Number: A10A2195

    The evidence supported the trial court's determination that the petitioner failed to exercise reasonable diligence in pursuing her equitable