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Publication Date: 2011-01-21
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Errol Demesme, Peachtree City, proceeded pro se. Scott L. Ballard, District Attorney, Thomaston, Christy R. Jindra and Robert W. Smith Jr., Assistant District Attorneys, Fayetteville, for appellee.
for defendant:
Case Number: A10A2154
The Court remanded the juvenile's ineffective assistance of counsel claim for an evidentiary hearing because the Court could not adequately address the juvenile's arguments as matters of law on the
Publication Date: 2011-01-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: John J. McArthur, Athens, for appellant.
for defendant: Kenneth W. Mauldin, District Attorney, and James V. Chafin, Assistant District Attorney, Athens, for appellee.
Case Number: A10A1743
Defendant's initial encounter with police was a first-tier encounter that did not require articulable suspicion as no evidence showed that the officer detained the defendant or told her that she was
Publication Date: 2011-01-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Kenneth D. Kondritzer, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Deputy District Attorney, Atlanta, for appellee.
Case Number: A10A1698
Trial counsel rendered reasonably effective assistance, even though he failed to secure the attendance of a witness, because counsel previously announced ready for trial based on defendant's assuran
Publication Date: 2011-01-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Fletcher B. Howard Chamberlain Hrdlicka and Gary S. Freed Robbins, Freed & Ross LLC, Atlanta, for appellant.
for defendant: . Fred R. Slotkin Jr. Slotkin Law Firm PC, Decatur, for appellee.
Case Number: A10A1706
Even though the bank failed to personally present its petition for confirmation of a nonjudicial foreclosure sale of property to the judge, the manner in which the bank reported the sale complied wi
Publication Date: 2011-01-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Travis C. Hargrove and Kirsten C. Stevenson Page, Scrantom, Sprouse, Tucker & Ford, Columbus, for appellant.
for defendant: Mary T. Benton and Timothy J. Peaden Alston & Bird, Atlanta, for appellee.
Case Number: A10A1856
The freeport exemption did not apply to a company's inventory in Georgia because the company was not holding the inventory for final shipment outside of the
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Publication Date: 2010-12-31
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Thomas W. Curvin and Amy K. Averill Sutherland, Asbill & Brennan LLP, Atlanta, and Edward D. Tolley, Athens, for appellant.
for defendant: . Edwin J. Schklar, J. James Johnson, William B. Ney, Magdalena M. Heim and Michael R. Peacock Schklar, Ney & Heim LLC, Atlanta, for appellees.
Case Number: A10A1563
The trial court properly denied appellants' motion for summary judgment because the arguments therein hinged primarily on the depositions and affidavit of a manager whose credibility appellees vigor
Publication Date: 2010-12-31
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Ryan A. Kurtz Miller & Martin LLP, Atlanta, for appellant.
for defendant: . Margaret A. Fernandez The Fernandez Law Firm PC, Alpharetta, Stephen W. Mooney Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, Joshua Preece and Corr C. Michelson Baumgardner & Preece LLP, Seattle, Wash., for appellee.
Case Number: A10A1095
Res judicata barred the plaintiffs' action against their former employee for breach of contract, tortuous interference with business and contractual relations, conversion, misappropriation of trade
Publication Date: 2010-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Lawrence W. Daniel, Atlanta, for appellant.
for defendant: James D. McDade, District Attorney, Jeffrey L. Ballew and James A. Dooley, Assistant District Attorneys, Douglasville, for appellee.
Case Number: A10A1853
The defendant took the victim's car keys at gunpoint and was arrested six months later, driving he
Publication Date: 2010-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Danielle P. Roberts Axam-Roberts Legal Group, Riverdale, for appellant.
for defendant: Tasha M. Mosley, Solicitor General, and Keith E. Gammage Solicitor General's Office, Jonesboro, for appellee.
Case Number: A10A1645
The defendant's contention seeking review of his convi for contempt of court was moot, since the defendant is not an attorney and has already served the 20-day sentence imposed on that convi
Publication Date: 2010-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: David E. Betts Betts and Assocs., Atlanta, for appellant. Anna B. Fretwell Huff, Powell & Bailey LLC, Atlanta, for appellees.
for defendant:
Case Number: A10A1385
The trial court properly granted summary judgment to the defendants on the plaintiffs' arising from her husband's death in the hospital from gastrointestinal bleeding, because the plaintiff's
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