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  • Hill v. VNS Corp.

    Publication Date: 2014-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Martin Fierman, Madison, for appellant.
    for defendant: Scott Fields Robinson & Blazer LLP, Decatur, for appellees.
    Case Number: A14A0962

    Attorneys' fees and interest are not lienable items under the Georgia lien sta

  • Wofford v. State

    Publication Date: 2014-10-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kenneth Gordon, LaGrange, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Robby King District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A14A0868

    The evidence supported the defendant's convictions for aggravated child molestation and child molestation based on acts he committed against his girlfriend's two daug

  • Kipple v. State

    Publication Date: 2014-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A1285

    Given the defendant's five prior felony convictions, the trial court was authorized to sentence him as an habitual felon subject to O.C.G.A. § 17-10-7's supplemental provisions for recidivist offe

  • Conley v. State

    Publication Date: 2014-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James Bischoff Bischoff Law LLC, Fayetteville, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, and Kathryn Powers, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A14A1237

    The trial court did not err in denying the defendant's motion for a directed verdict on the aggravated sodomy counts against him because the evidence was sufficient to establish the element of forc

  • Garner v. US Bank Nat'l Ass'n

    Publication Date: 2014-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: C. Samuel Rael, Atlanta, for appellant.
    for defendant: Joshua Tropper Baker Donelson Bearman Caldwell & Berkowitz PC, Atlanta, Steven Flynn, and Jimmy Howell McCalla Raymer LLC, Roswell, for appellees.
    Case Number: A14A1277

    The trial court erred in conducting a hearing on the defendants' motion to dismiss and in converting the motion to dismiss into a motion for summary judgment by considering evidence outside the ple

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  • Perry v. State

    Publication Date: 2014-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Matthew Bennett Bennett & Connell LLC, Adel, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, and Brian McDaniel, Assistant District Attorney, Moultrie, for appellee.
    Case Number: A14A0766

    The defendant's case was still pending in the trial court and was not ripe for appeal, since the trial court failed to enter a written sentence on each count for which he was found g

  • Williams v. McCarthy

    Publication Date: 2014-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Nathaniel Smith, McDonough, for appellant.
    for defendant: Lauren McCarthy, Athens, proceeded pro se.
    Case Number: A14A0900

    There was no error in the trial court's decision and the application for discretionary a was improvidently granted, thus the Court dismissed the a

  • Stevens v. State

    Publication Date: 2014-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bryan Howard Howard Law Group, Douglasville, for appellant.
    for defendant: James D. McDade, Brian Fortner, District Attorneys, and James Dooley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A14A1407

    The defendant failed to prove his ineffective assistance of trial counsel claims after he was convicted of enticing a child for indecent pur

  • Atkins v. Estate of Callaway

    Publication Date: 2014-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ralph Phillips, Dawson, for appellant.
    for defendant: Kenneth Hodges and Amy Palesch Polsinelli PC, Atlanta, for appellee.
    Case Number: A14A0780

    The trial court's orders were null and void because they were issued during the pendency of an a

  • Gary v. Dollar Thrifty Auto. Grp.

    Publication Date: 2014-09-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0735

    Res judicata and collateral estoppel did not bar the plaintiff's subrogation action because the plaintiff was not a party to the declaratory judgment action the defendant's i brought, and the