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  • Gene v. State

    Publication Date: 2015-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Scott Key Miller Key PA, McDonough, for appellant.
    for defendant: James McDade, Brian Fortner, District Attorneys, and Rachel Ackley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A14A1852

    Because the State established all of the elements of robbery by sudden snatching, the trial court did not err in failing to instruct the jury on the lesser offense of theft by t

  • State v. Andrade

    Publication Date: 2015-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard Perryman, District Attorney, Jennifer Smith District Attorney's Office, Nashville, and Rebekah Ditto District Attorney's Office, Adel, for appellant.
    for defendant: John Strickland, Lakeland, for appellee.
    Case Number: A15A0092

    The State untimely filed a notice of appeal 17 days after entry of the trial court's order granting the defendant's motion to suppress his incriminating state

  • Usman v. State

    Publication Date: 2015-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James C. Bonner Jr. and Long D. Vo Georgia Public Defender Standard's Council, Atlanta, for appellant.
    for defendant: Jacquelyn L. Johnson, District Attorney, Brunswick, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellee.
    Case Number: A14A1644

    The trial court did not err in failing to advise the defendant of the right to withdraw his non-negotiated plea before sente

  • Georgia Dep't of Community Health v. Northside Hosp. Inc.

    Publication Date: 2015-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Alex Sponseller, Assistant Attorney General, David Cook in Case No. A13A0937 only, and Roxana Tatman in Case No. A13A0937 only Dep't of Community Health, Atlanta, for Georgia Dep't of Community Health. Armando Basarrate Parker, Hudson, Rainer Dobbs, and Ashley Hoffman, Atlanta, for Kennestone. Kathlynn Polvino and Robert Rozier McKenna Long Aldridge LLP, Atlanta, for Northside.
    for defendant:
    Case Number: A13A0936; A13A0937

    Georgia Comp. R. Regs. R. 111-2-2-.40 1 a's provision for a case-by-case review of whether an ambulatory surgery service is "part of a hospital" is not unconstitutionally

  • Del Lago Ventures Inc. v. QuikTrip Corp.

    Publication Date: 2015-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ernest Greer, Michael King, Andrew Capezzuto Greenberg Traurig LLP, Robert Marcovitch, and David Matthews Weinberg, Wheeler, Hudgins, Gunn Dial LLC, Atlanta, for appellant.
    for defendant: John Sullivan and Bret Beldt Burr Furman LLP, Atlanta, for appellee. Other party representation: James Bass Bass, Bergeron Smith PC, Woodstock.
    Case Number: A14A0874

    A genuine issue of material fact remained regarding whether the defendants substantially complied with the termination provision of a real estate purchase con

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Kahn v. Britt

    Publication Date: 2014-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A1015; A14A1016; A14A1017

    The Court partially reversed the trial court's findings in consolidated appeals arising out of the plaintiff's lawsuit against attorneys based on their representation of a trust, of which the plaint

  • Inland Atlantic Old Nat'l Phase I LLC v. 6525 Old Nat'l LLC

    Publication Date: 2014-12-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0853; A14A1062

    The delegation of certain responsibilities to the plaintiff under a joint venture agreement raised a question of fact regarding whether it was managing some of the affairs of the joint venture and t

  • In the Interest of T. M.

    Publication Date: 2014-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Laurie M. Thomas, Savannah, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Calandra Harps, Assistant Attorney General, Atlanta, and Leo G. Beckmann Jr., Savannah, for appellee.
    Case Number: A14A1420

    The clear and convincing evidence did not support the termination of the mother's parental rights to her

  • Sallee v. State

    Publication Date: 2014-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A1439

    The evidence supported the attorney's conviction for insurance fraud, since the record showed that the attorney encouraged the seller of real property destroyed by fire to file an insurance claim on

  • Heath v. Color Imprints USA Inc.

    Publication Date: 2014-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Dewey Hayes, Douglas, for appellant.
    for defendant: Patrick Ferris, Douglas, for appellees.
    Case Number: A14A1231

    The corporate defendant admitted its liability as a matter of law in the plaintiff's suit on account by failing to file a timely response to the plaintiff's request for admissions, thus the trial co