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  • Roberts v. Pointer

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Raymond R. Grant II Cruiser & Mitchell, Norcross, Frederick M. Valz III and Erica L. Parsons Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellant.
    for defendant: Randy J. Ebersbach Kam, Ebersbach & Lewis, Newnan, for appellee.
    Case Number: A09A1448

    Trial court erred in denying the defendant's motion for a continuance due to the unavailability of an expert witness, because the pre-trial order specifically allowed the defendant to reserve the r

  • St. Joseph's Hospital v. Ward

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Todd A. Brooks and Daniel A. Kiefer Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: . Christopher J. Hudson, Martinez, and Daniel W. Hamilton Shepard, Plunkett & Hamilton, Augusta, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Comp., Atlanta.
    Case Number: A09A1398

    The superior court exceeded its authority in rejecting the appellate division's application of Chaparral Boats v. Heath, 269 Ga. App. 339 606 SE2d 567

  • Cotton v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Stephen J. Lichtenstein, Assistant Public Defender, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, for appellee.
    Case Number: A09A1281

    Background information from police officers about their experience with street-level dealers provided an adequate foundation for their expert test

  • In re Fennell

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Justin B. O'Dell and Leslie A. Dean Cauthorn, Nohr & O'Dell PC, for appellant.
    for defendant: Marston C. Brown, Marietta, for appellee. Other party representation: James B. Gordon and Althea C. Caces, Marietta.
    Case Number: A09A1318

    The appellant lacked standing to appeal the probate court's order appointing a conservator for her m

  • Athens-Clarke County Board of Tax Assessors v. Nuci Phillips Memorial Foundation

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William C. Berryman Jr. and Amy S. Gellins County Attorney's Office, Athens, for appellant.
    for defendant: James C. Warnes II Timmons, Warnes, & Anderson LLP, for appellee.
    Case Number: A09A1480

    A charitable organization cannot qualify as a purely public charity, unless it uses its property exclusively for its charitable pur

  • Law Journal Press | Digital Book

    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Garner Plumbing, Inc. v. Slate Construction, Inc.

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Paul E. Andrew Andrew, Merritt, Reilly & Smith, Lawrenceville, for appellant.
    for defendant: Craig S. Oakes, Suwanee, for appellee.
    Case Number: A09A1353

    The trial court erred in denying the plaintiff's motion for a new trial without holding a he

  • Stetz v. State

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jerry L. Webb Jr., Atlanta, for appellant.
    for defendant: Robert D. James Jr., Solicitor General, and Che'ferre L. Young Solicitor's Office, Decatur, for appellee.
    Case Number: A09A1474

    The only discoverable information from an intoxilyzer test under O.C.G.A. § 40-6-392 a 4 is the computer printout of the test r

  • Jackson v. State

    Publication Date: 2009-10-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David C. Butler, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and John R. Edwards, Assistant District Attorney, Marietta, for appellee.
    Case Number: A09A1399

    The defendant entered a convenience store, pointed a gun at the cashier's head and took approximately $500 to $600 from the cash reg

  • Markowitz v. Georgia Dept. of Human Resources

    Publication Date: 2009-10-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert L. Mack Jr., Stockbridge, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Mark J. Cicero, Assistant Attorney General, and Regina A. Mincey, Atlanta, for appellee.
    Case Number: A09A1040

    a father cannot be held in contempt for a dormant child support judgment that was not renewed within the ensuring 3-year period pursuant to O.C.G.A. § 9-

  • Peck v. State

    Publication Date: 2009-10-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Anne L. Watson, Chief Assistant Public Defender, and Travis Anton Williams, Hall County Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, and Wanda Lynn Vance, Assistant District Attorney, Dawsonville, for appellee.
    Case Number: A09A1493

    The state failed to prove venue for the charges c