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  • Bethel v. Fleming

    Publication Date: 2013-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Howard Indermark Indermark Vaishnav LLC, Avondale Estates, and Benjamin Goldberg, Mableton, for appellant.
    for defendant: Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for appellee. Other party representation: Susan Ellis, Decatur.
    Case Number: A10A2104

    The trial court erred in considering the district attorney's petition for a declaratory judgment challenging the magistrate court and selected magistrate judges' alleged policy of finding that hears

  • Norman v. Doby

    Publication Date: 2013-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David Lipscomb, Lawrenceville, for appellant.
    for defendant: Shane Doby, Watkinsville, proceeded pro se.
    Case Number: A12A2497

    The evidence showed only a single incident in which the defendant followed the plaintiff, which was insufficient to establish the pattern of harassing and intimidating behavior necessary to support

  • Facility Invs. LP v. Homeland Ins. Co. of N.Y.

    Publication Date: 2013-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Scott Bertschi Arnall, Golden & Gregory, Atlanta, for appellant.
    for defendant: . Kenan Loomis Cozen O'Connor, Atlanta, for appellee.
    Case Number: A12A2377

    The insurance company waived its right to recoup amounts it paid to resolve claims against the insured that were not covered under the insurance policy when it made the payment with knowledge of the

  • Altman v. Pilcher

    Publication Date: 2013-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: H. Lehman Franklin, Statesboro, for appellant.
    for defendant: . Warren Coppedge Coppedge & Evans PC, Dalton, and W. Scott Brannen Hal Roach Jr. PC, Statesboro, for appellees.
    Case Number: A12A2182

    Although the trial court properly determined that attorneys' fees were recoverable under the parties' settlement agreement, it erred in determining the amount of such fees

  • Jane Doe I v. Young Women's Christian Ass'n of Greater Atlanta Inc.

    Publication Date: 2013-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Philip Westee Brack & Westee PC, Marietta, for appellant.
    for defendant: . Joshua Stein and James Hankins Goodman McGuffey Lindsey & Johnson LLP, Atlanta, for appellees. Amicus: Laura Shamp, Atlanta.
    Case Number: A12A2097

    There was no evidence that a sexual assault on a 4-year-old girl was reasonably foreseeable while an employee of a transitional shelter house supervised the girl and the 10-year-old boy who allegedl

  • Law Journal Press | Digital Book

    Texas Insurance Coverage Litigation: The Litigator’s Practice Guide 2025

    Authors: Amy Elizabeth Stewart

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  • Johnson v. Bartley

    Publication Date: 2013-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert Katz and Briant Mildenhall Katz, Stepp, Wright & Fleming, for appellant.
    for defendant: Timothy Andrews Worsham, Corsi, Scott & Edwards, Atlanta, and Evan Mermelstein Cruser & Mitchell LLP, Norcross, for appellees.
    Case Number: A12A1884

    The plaintiff was not an insured person for purposes of an underinsured motorist provision under her father's Tennessee automobile insurance policy, since she was not actually living at her parents'

  • Bryant v. State

    Publication Date: 2013-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kimberly Copeland, Jesup, for appellant.
    for defendant: Larry Chisolm, Margaret Heap, District Attorneys, Arvo Henifin, Assistant District Attorney, Savannah, for appellee.
    Case Number: A12A2204

    The evidence supported the defendant's conviction for possession of a cell phone as a tool for the commission of a

  • Davis v. State

    Publication Date: 2013-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Derek Wright, Atlanta, for appellant.
    for defendant: Robert James, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for appellee.
    Case Number: A12A2349

    The evidence showed that the defendant was not in custody when he made his statements to officers while in the hospital being treated for a gunshot wound to the

  • Ellicott v. State

    Publication Date: 2013-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bernard S. Brody Brody Law Firm, Atlanta, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A12A2036

    The defendant could not present evidence of his reputation for nonviolence from the two proffered witnesses, since neither of them were familiar with the defendant's reputation in the community in w

  • Chandler v. State

    Publication Date: 2013-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Quentasha Banks, Atlanta, for appellant.
    for defendant: Tracy Lawson, District Attorney, Elizabeth Baker, Deputy Chief Assistant District Attorney, and Luana Nolen, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A12A2566

    Trial counsel was not deficient in failing to request a particular jury charge on fingerprint evidence in the defendant's trial for burglary, since counsel's decision constituted reasonable trial s