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  • Bowen v. State

    Publication Date: 2000-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jackie G. Patterson and Yasma Patterson, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Julianne W. Holliday, Assistant District Attorney, LaGrange, for appellee.
    Case Number: A99A2116

    The state failed to prove the scientific reliability of the drug testing procedure which formed the basis of the defendant's prob revoc

  • Mansfield v. Colwell Constr. Co.

    Publication Date: 2000-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Taylor W. Jones Jones & Greer LLP, Atlanta, for appellant.
    for defendant: . William T. Casey Jr. and Teri D. Alpert Hicks, Casey & Barber PC, Marietta, for appellee. Other party representation: Henry C. Tharpe Jr. Kinney, Kemp, Sponcler, Joiner & Tharpe, Dalton.
    Case Number: A99A1938

    Since plaintiffs' son chose to get into a van with an unlicensed driver who was under the influence, plaintiffs could not recover for son's fatal injuries sustained when the van plunged off an eleva

  • Cox v. Edelson

    Publication Date: 2000-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2292, A99A2293

    Trial court erred in applying the economic reality test before the stock characterization test to determine whether plaintiff's investment in defendants' corporation was a security subject to the pr

  • Mullinax v. State

    Publication Date: 2000-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Lloyd J. Matthews, Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A99A2212

    The state adequately informed the defendant of its intention to introduce his prior convictions in aggravation of his sentence when it orally discussed his prior record and the recidivist statute wi

  • Harding v. State

    Publication Date: 2000-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Hugh D. Ridgway III Lawrence, Ford & Ridgway, Eatonton, for appellant.
    for defendant: Donald W. Huskins Huskins & Huskins, Eatonton, for appellee.
    Case Number: A99A2398

    Circumstantial evidence that the defendant drove erratically, ran a deputy off the road and flipped her car over in a ditch showed that she was a less safe d

  • Law Journal Press | Digital Book

    Leveraged Buyouts

    Authors: Joseph W. Bartlett, Peter L. Korn, Jr., David J. Mittelstadt, Cathy L. Reese, Michael A. Rueda

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  • Mountain Bound Inc. v. Alliant FoodService Inc.

    Publication Date: 2000-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Frank H. Jones, Rome, for appellant.
    for defendant: . Sandra M. Torres, William L. Henderson and Mark A. Moore Howe & Assocs., Marietta, for appellee.
    Case Number: A99A1994

    A ant's unverified answer alleging that his co- ants owed the plaintiff more than $20,000 could not be considered an admission in judicio since his interest was directly adverse to his co

  • Cotton States Mut. Ins. Co. v. Coleman

    Publication Date: 2000-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: J. Franklin Edenfield Spivey, Carlton & Edenfield PC, Swainsboro, for appellant.
    for defendant: Stephen E. Curry, Augusta, for appellees. Other party representation: Daniel W. Hamilton Shepard, Plunkett & Hamilton, Augusta. Wiley S. Obenshain III, Augusta, proceeded pro se.
    Case Number: A99A1748

    Exclusion in liability insurance p that limited coverage for bodily injury to the insured did not violate public p

  • Sims v. State

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Caesar J. Burch and Emory B. Bazemore, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Melanie Higgins, Assistant District Attorney, Savannah, for appellee.
    Case Number: A99A2166

    The defendant was not in-custody when he went to the police station and voluntarily gave his statement because he was not under arrest and was free to leave at any

  • Gilmore v. State

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Larkin M. Lee and Bentley C. Adams III Virgil Brown & Assocs., Zebulon, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Mark S. Daniel, Assistant District Attorney, McDonough, Richard G. Milam, District Attorney, Barnesville, and James L. Moss Jr., Assistant District Attorney, Jackson, for appellee.
    Case Number: A99A2367

    Evidence supported the trial court's determination that the defendant's driving ability was impaired at the time of the accident even though the defendant claimed that the alcohol in his system was

  • Widener v. State

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: D. Duston Tapley Jr. Tapley & Assocs., Vidalia, for appellant.
    for defendant: David B. Pittman, Solicitor General, Lyons, for appellee.
    Case Number: A99A1645

    Evidence that defendant was sitting within arm's reach of marijuana officers discovered on a coffee table and that his companions were smoking marijuana when police arrived supported his convi