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  • Semega v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Shamsideen O. Laguda, Atlanta, and Francis O. Kadiri, Stone Mountain, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn District Attorney's Office, Decatur, for appellee.
    Case Number: A09A2255

    The trial court erred in replacing a holdout juror, who did not agree with other jurors on the defendant's

  • Robinson v. Glass

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Willie J. Lovett Jr. Child Attorney's Office and Meka B. Ward County Attorney's Office, Atlanta, for appellant.
    for defendant: William J. McKenney McKenney & Froelich, Marietta, for appellee.
    Case Number: A09A2120

    O.C.G.A. § 9-15-14 does not limit recovery to a certain party and the county clerk should not escape liability for failing to transmit the record in a case simply by complying belatedly after the a

  • Imperial Investments Doraville Inc. v. Childers

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jerald R. Hanks Hanks Brookes LLC, Atlanta, for appellant.
    for defendant: Terry D. Jackson, Atlanta, and Charles m. Cork III, Macon, for appellee.
    Case Number: A09A2248

    The plaintiff failed to prove the cause of his trip and fall through a hotel's plate glass w

  • Suluki v. State

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David J. Walker, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A09A2021

    Trial counsel was deficient for failing to make a motion to suppress the gun that formed the basis of the state's charges against defendant and a reasonable probability existed that the outcome of t

  • JTH Tax Inc. v. Flowers

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Edward H. Wasmuth Jr. Smith, Gambrell & Russell, Atlanta, for appellant.
    for defendant: John P. Webb and Andrew J. Gebhardt Smith Welch & Brittain, Stockbridge, for appellee.
    Case Number: A09A1753

    Plaintiff presumably proved damages on her fraud claim in a dispute over the sale of her tax preparation bus

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Spivey v. Smith

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: F. Shea Browning, Pearson, for Spivey. Robert B. Sumner, Pearson, and James D. Hudson, Douglas, for Smith et al.
    for defendant:
    Case Number: A09A2011, A09A2012

    In a boundary line dispute, the trial court did not err in setting aside the jury verdict in landowner's favor, because landowner's evidence was too vague and indefinite to allow rec

  • Lambert v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Wayne H. Basford Georgia Advocacy Office Inc., Decatur, and Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Elizabeth A. Baker, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A1872

    The defendant failed to show that the 29-month delay prejudiced his defense, because no evidence showed that witnesses could not be ed, and trial counsel even acknowledged that he may be able t

  • Wadlington v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Stephen R. Scarborough, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    Case Number: A09A1638

    Trial counsel was deficient for failing to object when a detective testified to knowing that an individual on a surveillance tape was defendant, because the jury could look at defendant and the tape

  • Marvin Dev. Co. v. United Community Bank

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Stephen P. Fuller Davidson, Fuller & Sloan LLP, Johns Creek, for appellant.
    for defendant: . Frank W. Deborde and Stephanie H. Philips Morris, Manning & Martin, Atlanta, for appellee.
    Case Number: A09A1824

    Although bank was free to pursue recovery under alternative theories, such as conversion and suit on a note, it was entitled to only one satisfaction of the da

  • McLellan v. Chilivis, Cochran, Larkins & Bever LLP

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Deborah A. Ausburn FSB Legal Counsel, Woodstock, for appellant.
    for defendant: . L. Matt Wilson and Douglas H. Tozzi The Wilson Law Firm PC, Atlanta, for appellee.
    Case Number: A09A1645

    The trial court did not lack subject matter jurisdiction on grounds that the parties agreed to submit to binding arbitration, because the law firm's former client took actions in the litigation that