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  • Donovan v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2014-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Malia Phillips-Lee and Christopher Rodd Whitehurst Blackburn & Warren, Thomasville, for appellant.
    for defendant: George Lilly Alexander & Vann, Thomasville, for appellee. Other party representation: Christopher Foreman Moore Clarke Duvall & Rodgers, Albany.
    Case Number: A14A1248

    Because the defendant insurer was the sole difference-in-limits UM carrier whose policy potentially provided coverage for the plaintiff's claims, stacking and priority of payments rules did not

  • State v. Shelton

    Publication Date: 2014-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Joseph Mulholland, District Attorney, and Moruf Oseni District Attorney's Office, Bainbridge, for appellant.
    for defendant: Jami Lewis, Camilla, for appellee.
    Case Number: A14A1113

    The trial court erred in granting the defendant a new trial based on a finding of ineffective assistance of trial counsel, since the defendant did not make a strong showing that evidence officers f

  • Tomeh v. Bohannon

    Publication Date: 2014-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Michael Bailey and Bailey Blair Huff, Powell & Bailey LLC, Atlanta, for appellant.
    for defendant: James Potts Trial Lawyers, Atlanta, for appellees. Other party representation: Melissa Reading, Frederick Gleaton Owen, Gleaton, Egan, Jones & Sweeney LLP, Wade Copeland, Ashley Sexton Carlock, Copeland & Stair LLP, Kimberly Woodland Insley & Race LLC, John Lowery Mozley, Finlayson & Loggins LLP, Atlanta, Mark Mueller Mueller Law Offices, Austin, Texas, and Jeffrey Osgood Strasburger & Price LLP, Dallas, Texas.
    Case Number: A14A1155

    A doctor who is merely on-call, but does not render medical treatment or care to a patient, does not have a doctor-patient relationship and is not liable for malpra

  • Rigby v. Boatright

    Publication Date: 2014-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kenneth Futch and James Brooks The Futch Law Firm, Waycross, for appellant.
    for defendant: . James Roberts Roberts Tate LLC, St. Simons Island, for appellees.
    Case Number: A14A1369

    Some evidence supported the trial court's finding that the decision of the defendant electric membership corporation's elections committee to disqualify the plaintiff from running for the board of d

  • Dogan v. Buff

    Publication Date: 2014-11-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sidney Moore, Darren Summerville Summerville Moore PC, Atlanta, Michael Werner, and Mark Link Hertz Link & Smith PC, Tucker, for appellant.
    for defendant: Andrew Capobianco, Brian Duva Mozley Finlayson & Loggins LLP, Brian Moore Drew Eckl & Farnham, and Kay Thompson Sharon W. Ware & Associates, Atlanta, for appellees.
    Case Number: A14A0806

    Factual questions remained regarding whether the defendant truck driver, who rear-ended the plaintiff's van, was following too closely and thus failed to exercise ordinary

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  • Davis v. State

    Publication Date: 2014-11-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kevin Armstrong Public Defender's Office, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, Albany, for appellee.
    Case Number: A14A0814

    The State did not violate O.C.G.A. § 17-5-56 by destroying the biological material collected after the rape victim's abo

  • Bayo v. State

    Publication Date: 2014-11-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mary Erickson, Atlanta, for appellant.
    for defendant: Penny Penn, District Attorney, and Heather Dunn, Assistant District Attorney, Cumming, for appellee.
    Case Number: A14A1092

    The defendant did not show that his counsel was ineffective in failing to renew a motion to force the victim to disrobe and be examined

  • State v. Martinez-Palomino

    Publication Date: 2014-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lee Darragh, District Attorney, William Akins, and Kelley Robertson, Assistant District Attorneys, Gainesville, for appellant.
    for defendant: Arturo Corso The Corso Law Center LLC, Gainesville, for appellee.
    Case Number: A14A1375

    There was no error in allowing a video recording of the child victim's forensic interview to be played in its entirety during jury delibera

  • DeKalb Cnty. v. Kirkland

    Publication Date: 2014-10-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Laura Johnson, Chief Assistant County Attorney, Bennett Bryan, and Sam Brannen DeKalb County Law Dep't, Decatur, for appellant.
    for defendant: Dean Fuchs Schulten, Ward & Turner, Atlanta, for appellees.
    Case Number: A14A0784

    Sovereign immunity barred the plaintiffs' breach of contract claims regarding accrued compensatory time, as the overtime-exempt county employees did not have written employment cont

  • Barstad v. State

    Publication Date: 2014-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Todd Boyce Boyce Larsen LLC, Decatur, for appellant.
    for defendant: James McDade, Brian Fortner, District Attorneys, James Dooley, Assistant District Attorney, and Emily Richardson District Attorney's Office, Douglasville, for appellee.
    Case Number: A14A1207

    The presence of the victim's stolen property in the defendant's residence gave rise to an inference that he committed the crimes of burglary and theft by t