• Garner v. Redwine

    Publication Date: 2011-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeremy U. Littlefield Robbins Law LLC, Atlanta, for Garner. Millard Farmer, Atlanta, for Redwine.
    for defendant:

    Case Number: A10A1693; A10A1694

    The language of the trust reflected a clear intent on the part of the plaintiff's father that plaintiff should receive the personal contents of his home if she so de

  • Gibson v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Thomaston, Robert W. Smith Jr., Assistant District Attorney, and David J. Younker District Attorney's Office, Fayetteville, for appellee.

    Case Number: A10A2149

    The defendant could not show that his trial counsel was ineffective because the speculative nature of any harm to the defendant prevented him from demonstrating a reasonable probability that the out

  • Malcom v. Morgan County Bd. of Tax Assessors

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: M. Joseph Reitman Jr. Lambert & Reitman, Madison, for appellant.
    for defendant: Christian G. Henry, Madison, for appellee.

    Case Number: A10A1761

    The propriety of the plaintiffs' m for summary judgment was moot because a jury subsequently decided the same issue raised in the m

  • Moore v. Moore

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William B. Ney Schklar, Ney & Heim LLC, Atlanta, for appellant.
    for defendant: Thomas S. Fisher, Norcross, for appellee.

    Case Number: A10A1775

    The trial court erred in failing to hold a hearing to determine the amount of reasonable and necessary attorneys' fees and in omitting the required written findings of fact and conclusions of law to

  • City of Atlanta v. Starship Enter. of Atlanta Inc.

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey S. Haymore and Lemuel H. Ward City of Atlanta Law Dep't, Atlanta, for appellant.
    for defendant: . Alan I. Begner and Cory G. Begner Begner & Begner PC, Atlanta, for appellee.

    Case Number: A10A1997

    Any evidence supporting an administrative board's dec to deny a building permit is sufficient to affirm that dec

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  • Werner Enter. Inc. v. Lambdin

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Grant B. Smith and Zachary Shewmaker Dennis, Corry, Porter & Smith LLP, Atlanta, for appellant.
    for defendant: . James P. Peters Allman & Peters, Atlanta, for appellee.

    Case Number: A10A2083

    The trial court erred in failing to grant summary judgment to the defendants in the plaintiff's negli claim because the plaintiff pointed to no specific evidence of defendants' negli

  • Baker v. State

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert H. Citronberg, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for appellee.

    Case Number: A10A1737

    The state did not introduce improper character evidence when cross-examining the defendant because the questioning was not intended to elicit that the defendant had been incarce

  • Crisler v. Haugabook

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: J. Edward Allen Jr. and Jeffrey W. DeLoach Fortson, Bentley & Griffin PA, Athens, for appellant.
    for defendant: . Howard J. Strickland Jr. Jones, Cork & Miller, Macon, and F. Gregory Melton Davis & Melton PC, Dalton, for appellees.

    Case Number: A10A1644

    Prejudgment interest for liquidated damages is mandatory, not discretionary, and is awarded as a matter o

  • Williams v. State

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Danielle P. Roberts Axam-Roberts Legal Group, Riverdale, and Tony L. Axam Axamlaw, Atlanta, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Keith A. McIntyre, Chief Assistant District Attorney, and Michael T. Muldrew, Assistant District Attorney, Statesboro, for appellee.

    Case Number: A09A1105

    Double jeopardy barred the defendant's retrial for the greater offense of felony murder, even though the defendant successfully appealed her voluntary manslaughter conviction based on a Batson viol

  • Wilson v. State

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Maurice G. Kenner, Decatur, for Wilson. J. M. Raffauf, Decatur, for Rockamore. Paul L. Howard Jr., District Attorney, and John O. Williams, Assistant District Attorney, Atlanta, for appellee.
    for defendant:

    Case Number: A10A0863; A10A0864

    The evidence supported the defendants' convictions and sufficiently corroborated accomplice's test