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  • Dunn v. Reliable Tractor Inc.

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael E. Sumner, Newnan, and William G. Fallin Fallin & McIntosh, Moultrie, for appellant.
    for defendant: John C. Spurlin Sims, Crawford & Spurlin, Tifton, for appellee.
    Case Number: A00A1828

    Plaintiff's repossession and sale of the secured collateral raised a jury question as to the amount defendant owed on a promissory

  • Jones v. State

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles S. Thornton Lawson & Thornton, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Jr., District Attorney, and George W. K. Snyder Jr., Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A2448

    The trial court failed to conduct the required 3-factor analysis to determine whether the state's forfeiture claim violated the Eighth Amendment's prohibition against excessive

  • Nationwide Mut. Fire Ins. Co. v. Lam

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Larry E. Stewart, Lawrenceville, for appellant.
    for defendant: Jay D. Brownstein Brownstein & Nguyen LLC, Atlanta, for appellees.
    Case Number: A00A2405

    Plaintiff could recover on her emotional distress claim arising out of an accident in which she suffered no physical injury because she suffered a pecuniary loss in that she incurred substantial med

  • Smith v. Brooks

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sharon J. S. Whitwell, Locust Grove, Martin C. Jones and William M. McHugh Jr. Webb, Stuckey & Lindsey LLC, Peachtree City, for appellant.
    for defendant: Gary L. Seacrest and Annarita M. Busbee Seacrest, Karesh, Tate & Bicknese, Atlanta, for appellees.
    Case Number: A00A2012

    The defendants had no reason to anticipate that their son would ignore their instructions and allow the plaintiffs' sons to load and fire an antique, partially inoperable firearm that defendants ke

  • Rivera v. State

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Lee Sexton Lee Sexton & Associates PC, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Staci L. Guest, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A00A2086

    A drug dog's detection of cocaine in defendant's luggage and defendant's questionable behavior supported the issuance of a warrant to search defendant'

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  • Friedrich v. Fidelity Nat'l Bank

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles C. Murphy Jr. and Patricia A. Chandler Vaughan & Murphy, Atlanta, for appellant.
    for defendant: . James T. White Stites & Harbison, Atlanta, for appellee.
    Case Number: A00A1970

    In a case of first impression, the Court of Appeals adopted the percentage of the fund rule for awarding attorneys' fees following the settlement of class action law

  • Eddleman v. State

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ingrid J. McGaughey Office of the Public Defender and Paul J. Oeland IV, Conyers, for appellant.
    for defendant: Richard R. Read, District Attorney, Conyers, for appellee.
    Case Number: A00A2485

    The defendant was not entitled to move for a new trial after he entered a guilty plea to two counts of aggravated sta

  • State v. Sherrill

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gwendolyn R. Keyes, Solicitor General, Lawrence A. Silverman and Thomas E. Csider, Assistant Solicitors, Decatur, for appellant.
    for defendant: Robert W. Chestney The Chestney Hawkins Law Firm, Atlanta, for appellee.
    Case Number: A00A2063

    The state was not required to comply with county police policies to establish that a DUI roadblock and resulting search and seizure were

  • Levell v. State

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Howard J. Weintraub, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Kristin L. Wood, Assistant District Attorney, Decatur, for appellee.
    Case Number: A00A1848

    The trial court had no authority to modify defendant's prison sentence after expiration of the term of court in which his sentence was en

  • McConnell Homes Inc. v. Feria

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey Golomb Morriss & Witcher PA, Atlanta, for appellant.
    for defendant: Albert Feria, Atlanta, proceeded pro se.
    Case Number: A00A1840

    The uncontroverted evidence showed that the defendant breached the parties' real estate sales contract by refusing to return the earnest money deposit after the plaintiff cancelled the contract by t