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  • Wells Fargo Auto Finance Inc. v. Wright

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert J. Solomon Kenney, Solomon & Medina PC, placeCityDuluthfor appellant. T. Michael Flinn, placeCityCarrolltonfor appellee.
    for defendant:
    Case Number: A10A0836

    The Federal Arbitration Act preempts any state law that conflicts with its provisions or undermines the enforcement of private arbitration agree

  • The Hudson Trio LLC .v The Buckhead Comm. Bank

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Victor Y. Johnson Graham & Assocs., Danielsville, for appellant.
    for defendant: . Kasey C. Libby and Michael C. McGoff Bach, Dewberry & Hipes LLC, Alpharetta, for appellee.
    Case Number: A10A0685

    The trial court did not err in finding that the price of the subject property reflected its true market value on the date of the foreclosure

  • PN Express Inc. v. Zegel

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William E. Cray II Gray, King, Chamberlin & Martineau LLC, Scott W. McMickle and Kevin P. Branch Dennis, Corry, Porter & Smith LLP, Atlanta, for appellant.
    for defendant: Mary D. Peters, Jeffrey D. Cooper Gorby, Peters & Assocs. PC, Stephanie F. Brown Drew, Eckl & Farnham LLP, Atlanta, and Paul G. Phillips Flynn, Peeler & Phillips LLC, Albany, for appellees.
    Case Number: A10A0148

    Some evidence authorized the jury to find that the tractor-trailer's driver was the defendant's employee when the accident, in which the plaintiffs were seriously injured, occ

  • Tavakolian v. AGIO Corp.

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gholamreza Tavakolian, Avondale Estate, and Hamid Tavakolian, Mission Viejo, Calif., proceeded pro se. C. Terry Blanton Jerry L. Sewell, Atlanta, for appellees.
    for defendant:
    Case Number: A09A1838

    A ' "motion to determine in a hearing the sufficiency of answers is necessary before responses to request for admissions may be deemed insufficient and deemed admitt

  • Johnson v. State

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Billy L. Spruell and Melinda D. Taylor Spruell Taylor & Assocs. PC, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, J. Clifford Head, Assistant District Attorney, and Rebekah R. Shelnutt Solicitor's Office, Canton, for appellee.
    Case Number: A10A1431

    The state met its burden of showing that the defendant's guilty plea to incest was knowing, intelligent and volu

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  • Day v. State

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: D. Duston Tapley Jr., Dublin, for appellant.
    for defendant: Louis C. Fraser, District Attorney, and LaShonda C. Harris, Assistant District Attorney, Dublin, for appellee.
    Case Number: A10A0799

    The search warrant for the defendant's trailer sufficiently described the property to be sea

  • Moore v. State

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael J. Davis Jr., Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.
    Case Number: A10A1163

    The record did not clearly show that the defendant received an unmistakable advance warning that his prior convictions would enhance his sente

  • National Serv. Indus. v. Here to Serve Restaurants Inc.

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Cary Ichter, Atlanta, for appellant.
    for defendant: Louis R. Cohan and Shalanda M. Miller Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A10A0928

    A liquidated damages provision in a linen services contract constituted an unenforceable penalty, since the damages sought lacked a reasonable relation to the probable damages that would arise from

  • Walker v. State

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Julian L. Sanders Sanders & Assocs. and Jonathon J. Majeske, Atlanta, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Anece Baxter and Elizabeth L. McCree, Assistant District Attorneys, Jonesboro, for appellee.
    Case Number: A10A0829

    The defendant's trial counsel was not ineffective for failing to challenge the allegedly defective warrant, since the error was typographical and did not destroy the warrant's val

  • Lee v. State

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Stephen T. Maples, Decatur, for appellant.
    for defendant: Robert Stokely, Solicitor General, Natalie Ashman, Stephen J. Tuggle, Assistant Solicitors General, Amy B. Godfrey and Sandra N. Wisenbaker Solicitor General's Office, Newnan, for appellee.
    Case Number: A10A0177

    The statute of limitation prevented the defendant's prosecution for pimping, because the state filed the amended tion after the limitation period expired and substantially amended the original