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  • C. Brown Trucking Co. Inc. v. Henderson

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Stephen T. Maples, Decatur, for appellant.
    for defendant: Gilder H. Howard Sr. and Sidney L. Storesund, Marietta, for appellee.
    Case Number: A10A1526

    The defendant's verified answer created a genuine issue of material fact, despite the defendant's failure to file a response to the plaintiff's motion for summary jud

  • Vidalia Outdoor Products Inc. v. Higgins

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Malcolm F. Bryant Jr. Bryant & Cook PC, Vidalia, for appellant.
    for defendant: Cameron M. McCord Jones & Walden LLC, Atlanta, for appellee.
    Case Number: A10A1250

    Questions of fact remained as to whether the appellant materially breached the parties' con

  • Wilcher v. Way Acceptance Co.

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sonny Wilcher, Long Beach, Calif., proceeded pro se. Malcolm F. Bryant Jr. Bryant & Cook PC, Vidalia, for appellees.
    for defendant:
    Case Number: A10A1071

    The trial court erred in dismissing the plaintiff's amended complaint without permitting the plaintiff a reasonable opportunity to obtain requisite signatures, which was an amendable d

  • Mancuso v. GMAC Mortgage

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Peter B. Mancuso, Conyers, proceeded pro se. Kelly L. Atkinson and Alan W. Loeffler Troutman Sanders LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A10A0950

    Since the appellee submitted ev outside the pleadings, thereby converting its motion to dismiss into a motion for summary judgment, the appellant was entitled to at least 30 days to present e

  • Wade v. State

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Linda S. Sheffield, Atlanta, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, and Leonard C. Gregor Jr., Assistant District Attorney, Trenton, for appellee.
    Case Number: A10A0145

    The trial court did not err in admitting witness's prior consistent statements in videotaped interviews that also contained the interviewer's comments, since nothing in the record showed that an exc

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  • Franklin v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Billy L. Spruell and Melinda D. Taylor Spruell, Taylor & Assocs. PC, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Assistant District Attorney, and Marc D. Cella, Marietta, for appellee.
    Case Number: A10A0019

    Under the circumstances, the defendant was not denied his right to a speedy trial in a robbery and aggravated assault case, even though the case had been on the dead docket, since his 1979 convictio

  • Alliance Credit Counseling Inc. v. Trumiar

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William B. Hardegree, Jorge Vega Hatcher, Stubbs, Land, Hollis & Rothschild LLP, Columbus, and J. Michael McGarity The McGarity Law Group LLC, Buford, for appellant.
    for defendant: Irwin W. Stolz Jr., James W. Hurt Jr. Lewis, Stolz, Hurt, Frierson & Grayson LLP, Athens, George R. DiGiorgio and Jon C. Conlin Cory, Watson, Crowder & Degaris PC, Birmingham, Ala., for appellee
    Case Number: A10A0506

    The trial court failed to make the required findings of fact and conclusions of law as mandated by O.C.G.A. § 9-11-2

  • Wade v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Linda S. Sheffield, Atlanta, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, and Leonard C. Gregor Jr., Assistant District Attorney, Trenton, for appellee.
    Case Number: A10A0145

    The trial court did not err in admitting witness's prior consistent statements in videotaped interviews that also contained the interviewer's comments, since nothing in the record showed that an exc

  • Martis v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Samir J. Patel Public Defender's Office, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Richard A. Hull, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A10A0445

    Corroborated information from the confidential informant provided probable cause for issuance of a search wa

  • Wilder v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael O. Horgan, Washington, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Kevin R. Majeska and Rindi L. Harbeson, Assistant District Attorneys, Thomson, for appellee.
    Case Number: A10A0059

    The trial court erred in sentencing the defendant as a recidivist, since he had a pending motion for new trial on his prior conviction and, therefore, his prior conviction was not