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Publication Date: 2010-12-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Jimmy D. Plunkett, Thomson, for appellant.
for defendant: Thurbert E. Baker, Attorney General, Atlanta, and Paul H. Dunbar III Capers, Dunbar, Sanders, Bruckner & Bellotti LLP, Augusta, for appellee.
Case Number: A10A1204
The trial court did not err by refusing to give two of condemnee's requested jury charges because the trial court's charges as a whole substantially covered the principals embodied in the req
Publication Date: 2010-12-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Linda I. Dunlavy Dunlavy Law Group LLC, Decatur for appellant.
for defendant: . Leonid M. Felgin Riley McLendon LLC, Marietta, Mark W. Forsling Schreeder, Wheeler & Flint, Atlanta, and Richard Otness City of Dunwoody Zoning Board of Appeals, Dunwoody, for appellee.
Case Number: A10A1481
The Court of Appeals reversed the trial court's dismissal of appellants' petition for certiorari, holding that the duly appointed secretary for the board of zoning appeals, or his proxy, was author
Publication Date: 2010-12-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Michael C. Kendall and Maureen E. Murphy Tally, French & Kendall PC, Douglasville, for appellant.
for defendant: Robert E. Wilson and Debra A. Golymbieski Wilson, Morton & Downs LLC, Decatur, for appellee. Other party representation: Linda A. Klein Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Atlanta, and Forrest A. Norman Gallagher Sharp, Cleveland, Ohio.
Case Number: A10A1611; A10A1612
The evidence showed church's intentions and attempt to opt out of the property trust provisions in its former governing body's book of order, and without church's intent to form the trust, neutral p
Publication Date: 2010-12-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Brent J. Savage and Christopher D. Britt Savage, Turner, Pinson & Karsman, Savannah, for appellant.
for defendant: . David R. Smith Brenan, Searcey & Smith, Savannah, for appellees.
Case Number: A10A0827
The trial's court's order of summary judgment in favor of attorney who represented appellants in transaction binding appellants to $3.6M in bank loans was proper, since appellants' act of voluntaril
Publication Date: 2010-12-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: William C. Head, Atlanta, and Allen M. Trapp Jr., Carrollton, for appellant.
for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Chief Assistant District Attorney, Cumming, for appellee.
Case Number: A10A1374
Evidence supported defendant's conviction for DUI less safe, even though police performed no field sobriety tests due to his injuries, because the evidence showed that defendant lost control of his
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Publication Date: 2010-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Peter Muller Goodman, McGuffey, Lindsey & Johnson LLP, Savannah, for appellant.
for defendant: John T. Croley Jr., Fitzgerald, for appellee.
Case Number: A10A1554
By failing to refute defendant store's evidence that an employee inspected the same area where her slip-and-fall took place minutes earlier and found the floor clean, plaintiff did not establish sto
Publication Date: 2010-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: David R. Montgomery and Kenneth Kalivoda Hudson, Montgomery & Kalivoda, Athens, for appellant.
for defendant: Patrick B. Moore, Howard J. Russell and Stephen J. Rapp Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellee.
Case Number: A10A0965
In a case of first impression, the Court of Appeals held that a plaintiff in a garnishment action could not recover insurance benefits from a self-insured car rental agency when the renter causing t
Publication Date: 2010-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: James F. Baker, Fayetteville, for appellant.
for defendant: Charles J. Driebe Driebe & Driebe PC, Jonesboro, for appellee.
Case Number: A10A1377
The trial court erred in declaring a deed transferring the defendant's interest in real property to the plaintiff void because it lacked valid and valuable consideration because, absent an equitable
Publication Date: 2010-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Jared L. Roberts, Public Defender, Douglas, for appellant.
for defendant: Richard E. Currie, District Attorney, and Katherine L. Peters, Assistant District Attorney, Douglas, for appellee.
Case Number: A10A1545; A10A1546
The juvenile court erred in denying the juvenile's special demurrer to being an unruly child because the petition provided no factual details and thus did not charge the juvenile's conduct with part
Publication Date: 2010-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Laura D. Johnson and Nikolai Makarenko Jr. Groth & Makarenko, Suwanee, for appellant.
for defendant: Matthew J. Ashby Savell & Williams LLP, William D. Ellis Jr. Sharon W. Ware & Assocs., and Mark W. Thomas, Atlanta, for appellee.
Case Number: A10A1089
The trial court erred in denying the defendant's motion to dismiss because the plaintiff did not validly dismiss his first action against the defendant before filing his renewal
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