• Capital Land USA Inc. v. Mitsubishi Motors Credit of Am. Inc.

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: S. Robert Hahn Jr. S. Robert Hahn Law Offices PC, Norcross, for appellant.
    for defendant: Burleigh L. Singleton and Andrew C. Brandon Kilpatrick Stockton LLP, Atlanta, for appellee.

    Case Number: A11A0062

    Appellants waived review of their enumerated errors by declining to include a transcript of the hearing on appellee's motion for summary judgment in the r

  • White v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Chaunda Brock C.F. Brock and Assocs. LLC, Austell, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.

    Case Number: A10A2316

    The trial court did not err in denying the defendant's request to sever his trial from that of his co-defendant because there was no danger of confusion as only two defendants were on trial, no evid

  • Sierra-Corral Homes LLC v. Pourreza

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Craig S. Oakes, Suwanee, for appellant.
    for defendant: Jeffrey H. Schneider Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellee.

    Case Number: A10A2066

    The trial court did not abuse its discretion in denying an LLC's motion to open default because the LLC offered no reasonable explanation for failing to maintain a proper registered agent for servic

  • Morgan v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Timothy A. Siler Siler Law offices PC, Watkinsville, for appellant.
    for defendant: Patrick H. Head, District Attorney, and John R. Edwards District Attorney's Office, Marietta, for appellee.

    Case Number: A11A0008

    The probation revocation of one convicted of a criminal offense is not a criminal proce

  • Constructores Asociados de Vivienda y Urbanizacion SA de CV v. Bennett Motor Express LLC

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lauren A. Thompson and Patrick D. Jaugstetter Power, Cooper & Jaugstetter PC, McDonough, for appellant.
    for defendant: Grant R. Brooker, McDonough, for appellee.

    Case Number: A10A2235

    An intermediary binds a cargo owner to the liability limitations it negotiates with downstream car

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  • Flint v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for Sanchez Flint. Jessica R. Towne Clark & Towne PC, Lawrenceville, for Terrail Flint. Daniel J. Porter, District Attorney, and Nigel R. Lush, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:

    Case Number: A10A1884; A10A1885

    Theft by receiving is not a lesser included offense of armed robbery but is a separate offense proved by an entirely different set of

  • Rayner v. State

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Billy L. Spruell, Marietta, for appellant.
    for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Chief Assistant District Attorney, Cumming, for appellee.

    Case Number: A10A2356

    The trial court did not err in excluding alleged evidence of the victim's prior false allegations of a sexual nature or in forbidding the defendant from cross-examining the victim and others on such

  • Brown v. State

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Tawanna K. Morgan Davis Bozeman Law Firm, Decatur, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Caroline C. Owings, Assistant District Attorney, Jonesboro, for appellee.

    Case Number: A10A1960

    The state made a prima facie case of racial discrimination by showing that the defendant used all of his peremptory challenges against Caucasian j

  • Yawn v. Norfolk S. Ry. Co.

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Mark W. Straughan Straughan & Straughan, McRae, for appellant.
    for defendant: Benjamin M. Garland Hall, Bloch, Garland & Meyer, Macon, for appellee.

    Case Number: A10A2168

    The plaintiff and his predecessors-in-title did not obtain a prescriptive easement to the private railway crossing at issue because their mere use of the private crossing was not enough for them to

  • Welch v. State

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Barbara M. Collins, Riverdale, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.

    Case Number: A10A2295

    The defendant did not show that defense counsel was deficient for failing to inquire into a hearing-impaired juror's ability to understand the witnesses' testimony, since the defendant provided no e