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  • Cook v. Regional Communications Inc.

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Warren R. Power Power & Westbury LLP, Stockbridge, for appellant.
    for defendant: Stephen P. Harrison Harrison & Harrison, McDonough, for appellee.
    Case Number: A00A0478

    Plaintiff failed to show that her former business partner held her relinquished shares in corpor unlawfully, so plaintiff had no standing to sue for judicial dissolution of corpor

  • Terrell v. State

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Mark A. Gomez, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A00A0442

    Defendant's conviction could not stand because the state failed to prove that victim was under 16 years old when defendant allegedly moleste

  • Smith v. State

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Carlton H. Vines, Summerville, and Todd M. Johnson Law Offices of Todd Johnson, Cohutta, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, and Michael J. Moeller, Assistant District Attorney, Summerville, for appellee.
    Case Number: A00A0655

    Trial court's failure to recharge jury after argument in second phase of bifurcated trial was not reversible error since trial court had fully and completely charged jury in first phase several hour

  • Raburn Bonding Co. ex rel Rolack v. State

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William J. Sussman, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A00A0150

    Trial court should have returned appearance bond to bonding company since defendant's active military duty made it impossible for bonding company to perform its part of the bond con

  • Swantner v. State

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James E. Smith, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and William W. Tanner, Assistant District Attorney, Athens, for appellee.
    Case Number: A99A0730

    Defendant's ineffective assistance of counsel claim failed, as he failed to show that the alleged two to two and one-half hours defense counsel consulted with him and counsel's investigation were in

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  • Grant v. Franklin

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Tracy L. Parsons and Daryl V. Yokely, Atlanta, for appellant.
    for defendant: Janice M. Wallace, Atlanta, for appellee.
    Case Number: A00A0674

    Res judicata barred the plaintiff's personal injury suit in superior court because a second suit involving the same parties and transaction had previously been dismissed with prejudice by the plain

  • Swyters v. Motorola Employees Credit Union

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joseph J. Saia Saia, Richardson & Meinken, Peachtree City, for appellant.
    for defendant: J. Christopher Simpson, Harold S. White Jr., Tessa S. Burkey and William D. Matthews Greene, Buckley, Jones & McQueen, Atlanta, for appellees.
    Case Number: A00A0430

    The alleged oral statements of credit union employees to plaintiff that conflicted with the unambiguous provisions of plaintiff's promissory note or insurance certificate were inadmissible under th

  • Yates v. Dean

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rita T. Williams Williams & Associates, Decatur, and John H. Armwood, Marietta, for appellant.
    for defendant: . Wilbur C. Brooks, Chambers, Mabry, McClelland & Brooks, Atlanta, for appellee. Other party representation: Russell D. Waldon and James A. Neuberger Harper, Waldon & Craig, Atlanta.
    Case Number: A00A0008

    The defendant's claim for a set-off based on medical payments it paid to the plaintiffs before trial was not an independent claim for recovery, so defendant did not have to raise that claim in its a

  • Shuman v. State

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael G. Schiavone Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ann M. Elmore, Assistant District Attorney, Savannah, for appellee.
    Case Number: A00A0049

    Evidence that the defendant had six prior convictions for nearly identical hotel robberies in the same county was more probative than prejudicial, because the prior robberies evidenced a signature

  • White v. Traino

    Publication Date: 2000-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael E. Garner, Columbus, for appellant.
    for defendant: Eugene H. Polleys Jr., City Attorney, and Frank K. Martin, Columbus, for appellee.
    Case Number: A00A0129

    Plaintiffs who were detained briefly during the execution of a lawful search warrant had no claim for false impriso