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  • Builder Marts of Am. Inc. v. Gilbert

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William K. Carmichael and David M. Lilenfeld Stokes, Lazarus & Carmichael LLP, Atlanta, for appellant.
    for defendant: Patrick J. Fox McNally, Fox, Mahler & Cameron, Fayetteville, for appellee.
    Case Number: A02A1454

    A 1998 agreement which modified the terms of the parties or agreement released the guarantor from liability because the guarantor did not expressly consent to renewal or modification of the o

  • Kantorik v. State

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John A. Beall IV, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Chad M. Doleac, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A02A2093

    The officers had probable cause to stop the defendant's vehicle based on a reliable informant's description and the clear plastic bag containing methamphetamine which was in plain view on the floorb

  • Nolan v. State

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. D. Humphries III, Stites & Harbison PLLC, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Richard R. Burris III, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A02A1714

    The evidence supported defendant's conviction for failing to yield, even though the oncoming driver admittedly ran a stop

  • Johnson v. State

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Victoria D. Little, Decatur, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A02A1588; A02A1589

    The trial court improperly declared a mistrial in defendant's first criminal prosecution where defense counsel's conduct, though contemptuous, did not make it impossible for the trial to pr

  • D. W. Adcock PC v. D. W. Adcock MD

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gregory T. Talley Coleman, Talley, Newbern, Kurrie, Preston & Holland, Valdosta, for appellant.
    for defendant: . Robert L. Lambert Jr., Valdosta, for appellee.
    Case Number: A02A1634

    Expert evidence that a surgeon's skin condition was caused and aggravated by intense scrubbing prior to each surgery supported the ALJ's determination that the surgeon suffered a compensable i

  • Law Journal Press | Digital Book

    Executive Stock Options and Stock Appreciation Rights

    Authors: Herbert Kraus

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  • Lott v. Arrington & Hollowell PC

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James W. Penland, Atlanta, for appellant.
    for defendant: Gary W. Diamond and Stanley E. Foster Hollowell, Foster & Gepp PC, Atlanta, for appellee.
    Case Number: A02A1068; A02A1069

    The trial court had authority to change its interlocutory garni order and release excess funds that were improperly deposited into the court registry after the term of court in which the garn

  • In re Friedman

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gerald P. Word Johnson, Word & Simmons, Carrollton, for appellant.
    for defendant: George W. Austin III Kilpatrick & Cody, Atlanta, and Gregory A. Griffin Griffin & O'Toole, Marietta, for appellee.
    Case Number: A02A0926

    There is no statute of limitation for contempt of court procee

  • Vegesina v. Allied Informatics Inc.

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Theodore H. Lackland, Atlanta, for appellant.
    for defendant: Udai V. Singh, Duluth, for appellee.
    Case Number: A02A1344

    The non-solicit, non-compete and notice provisions of defendant's employment contract were severable and enforceable since the contract was drafted in such a way that the unenforceable liquid damage

  • Jackson v. State

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Alice C. Stewart, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Katherine Diamandis, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A02A1631

    The defendant was not entitled to counsel because he was not imprisoned for his misdemeanor speeding convi

  • Swan v. State

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles G. Harbin Jr., Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Scott T. Poole Office of the District Attorney, Canton, for appellee.
    Case Number: A02A0759

    The named informant's statement that he purchased methamphetamine from defendant at her was against his penal interest and provided probable cause for the warrant to search the defendant's