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  • In the Interest of DC, a Child

    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

  • Bacallao v. State

    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

  • Presley v. State

    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

  • Flat Shoals Land Holding LLC v. Decatur First Bank

    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

  • Muscogee County Bd. of Tax Assessors v. Pace Indus. Inc.

    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

  • Law Journal Press | Digital Book

    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Alston & Bird LLP v. Mellon Ventures II LP

    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

  • ProNvest Inc v. Levy

    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

  • Wilkes v. State

    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

  • Johnson v. State

    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

  • Pattman v. Mann

    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