• Covington Square Assocs. LLC v. Ingles Markets Inc.

    Publication Date: 2010-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael A. Kessler, Alpharetta, for appellant.
    for defendant: Samuel R. Arden and Jill R. Johnson Hartman, Simons, Spielman & Wood LLP, Atlanta, for appellee.

    Case Number: A09A2145

    O.C.G.A. § 13-6-11 prevents a trial court from ever determining that a claimant is entitled to attorneys' fees as a matter o

  • In the Interest of K.P., a Child

    Publication Date: 2010-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Renata M. Newbill-Jallow, Public Defender, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Kathy A. Bradley, Assistant District Attorney, Statesboro, for appellee.

    Case Number: A10A1358

    In light of the juvenile's extensive past history with the juvenile system, his lack of rehabilitation and his self-imposed emancipation from his parents, the juvenile court did not abuse its discre

  • Dupree v. Suntrust Bank

    Publication Date: 2010-08-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gus H. Small Jr., Atlanta, for appellant.
    for defendant: Matthew T. Covell Arnall Golden Gregory LLP and Brent W. Herrin Cohen Pollock Merlin & Small PC, Atlanta, for appellee.

    Case Number: A10A1233

    A creditor, who holds a promissory note secured by a deed, is entitled to elect its remedy to cure a de

  • 131 Ralph McGill Boulevard, LLC v. First Intercontinental Bank

    Publication Date: 2010-08-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gary S. Freed and Fletcher B. Howard Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: . Robert T. Morgan Morgan & Chakales PC and C. Cyrus Malone III Freisem, Macon, Swann & Malone, Atlanta, for appellee.

    Case Number: A10A1531

    The bank presented sufficient evidence, including the testimony of a licensed appraiser regarding the true market value of the property in question, to support the trial court's decision to confirm

  • Goss v. State

    Publication Date: 2010-08-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Sean A. Black Black Law Offices, Toccoa, for appellant.
    for defendant: Robert W. Lavender, District Attorney, for appellee.

    Case Number: A10A1578

    In light of the evidence, no reasonable probability existed that the outcome of the defendant's trial would have been different, if trial counsel had objected to inadmissible hearsay test

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  • In the Interest of J.D., a child

    Publication Date: 2010-08-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jill E. Roth Public Defender's Office, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Diane M. McLeod, Assistant District Attorney, Savannah, for appellee.

    Case Number: A10A1552

    The circumstantial evidence presented at trial, including the juvenile's vicinity to the scene of the crime while carrying a loaded gun, wearing a jacket that matched the description given by the vi

  • Chandler v. State

    Publication Date: 2010-08-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kelly D. Kautz, Snellville, for appellant.
    for defendant: Rosanna M. Szabo, Solicitor-General, and Nicholas J. Carse, Assistant Solicitor-General, Lawrenceville, for appellee.

    Case Number: A10A1604

    The defendant's payment of a fine on a traffic citation in recorder's court did not bar his prosecution for DUI arising from the same co

  • Jackson v. State; Royal v. State

    Publication Date: 2010-08-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for Jackson. John G. Wolinski, Hahira, for Royal. Joseph K. Mulholland, District Attorney, Michael L. Bankston and Michael T. Garrett, Assistant District Attorneys, Bainbridge, for appellee.
    for defendant:

    Case Number: A10A1062, A10A1105

    Insufficient evidence connected the first defe to the cocaine found near the second defe

  • Landaverde v. State

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Horatio O. Edmonson, Stone Mountain, and Frederick R. Jackson, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and John A. Warr, Assistant District Attorney, Lawrenceville, for appellee.

    Case Number: A10A1309

    The defendant did not clearly articulate his desire to have counsel present during his statement when he stated that ' "I don't have anybody here. I don't have anyone to look out for

  • In the Interest of R.M., A Child

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kenneth W. Mauldin, District Attorney, and John M. Chenhall, Assistant District Attorney, Athens, for appellant.
    for defendant: Jeffery A. Rothman Daniels & Rothman PC, Athens, for appellee.

    Case Number: A10A1288, A10A1353

    The trial court erred in granting uvenile's motion to suppress his breath tests results, since the statutory implied consent notice for suspects under 21, which the investigative officer read t