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  • Wallick v. Period Homes Ltd.

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert H. McKnight Jr. Freed & Berman PC, Atlanta, for appellant.
    for defendant: Charles A. Ratz Gray & Gilliland PC, Atlanta, and Mark B. Bullman Postic & Babb, Marietta, for appellee.
    Case Number: A01A0859

    Judicial estoppel did not bar plaintiff's claim that defendant breached a contract to buy a bankruptcy asset, even though he did not add the claim to his bankruptcy asset schedule, because the clai

  • Johns v. Marlow

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William L. Lundy Jr. and Charles E. Morris Jr. Parker & Lundy, Cedartown, for appellant.
    for defendant: David F. Miceli and Glenn M. Jarrell Tisinger, Tisinger, Vance & Greer, Carrollton, for appellee.
    Case Number: A01A1557

    A jury question remained as to whether defendant exercised ordinary care in maintaining his horse who escaped from a pasture, strayed onto a public road and collided with plaintiff's motor

  • Melton v. State

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Walter K. Melton, Macon, proceeded pro se. Patrick H. Head, District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.
    for defendant:
    Case Number: A01A1571

    Defendant failed to show any discriminatory purpose in the trial court's imposition of a sentence that was authorized by law for his conviction for kidnapping with bodily i

  • Allstate Ins. Co. v. Spillers

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: R. Krane Riddle Karsman, Brooks & Callaway PC, Savannah, for appellant.
    for defendant: W. M. Brogdon Jr., Statesboro, Mason White and James D. Kreyenbuhl Brennan, Harris & Rominger, Savannah, for appellees.
    Case Number: A01A1514

    The trial court erred in basing its judgment for defendant on its finding that defendant reasonably believed he had permission to use an insured vehicle, rather than considering whether a reasonable

  • Carroll v. State

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert W. Chestney The Chestney Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Jennifer L. Moore, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A01A1055

    The arresting officer's testimony was sufficient for the jury to infer that defendant's DUI and traffic offenses were prosecuted within the 2-year limitation p

  • Law Journal Press | Digital Book

    Venture Capital: Forms and Analysis

    Authors: Daniel I. DeWolf, Jeremy D. Glaser, Eric M. Roth

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  • Mortensen v. Fowler-Flemister Concrete Inc.

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David G. Kopp, Greensboro, and Jesse Copelan Jr., Eatonton, for appellant.
    for defendant: . W. Pitts Carr, Eric N. Van de Water Carr, Tabb, Pope & Freeman LLP, and Bradley S. Wolff Swift, Currie, McGhee & Hiers, McGhee & Hiers, Atlanta, for appellees.
    Case Number: A01A1482

    Any alleged error in charging on assumption of risk was harmless in light of the jury's verdict in favor of the plai

  • Gates v. State

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Alfred F. Zachry, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Charles P. Boring Coweta Judicial Circuit District Attorney's Office, LaGrange, for appellee.
    Case Number: A01A1306

    An officer's testimony that he made two probable cause purchases of crack cocaine from defendant's residence when in fact a confidential informant made the purchases, did not demand a finding of pro

  • Kemper v. State

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Roger H. Anderson, Assistant District Attorney, Columbus, for appellee.
    Case Number: A01A1619

    The evidence supported defendant's armed robbery conviction, even though he rejected the victim's offer of cash before he forced the victim into the trunk of his automobile, because the evidence als

  • Roseberry v. State

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard T. Ryczek Jr. Rockdale County Public Defender's Office, Conyers, for appellant.
    for defendant: Richard R. Read, District Attorney, and Robert D. James Jr., Assistant District Attorney, Conyers, for appellee.
    Case Number: A01A1321

    The right to a thorough cross-examination does not include the right to elicit he

  • City of Demorest v. City of Baldwin

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Christian A. Coomer Butterworth Law Firm, Cornelia, T. Bart Gary, Stuart W. Gray Freeman, Mathis & Gary LLP, Atlanta, and James C. Weidner, Clarkesville, for appellant.
    for defendant: R. David Syfan Hulsey, Oliver & Mahar, Gainesville, for appellee.
    Case Number: A01A1251

    Since the parties agreed to submit their contract dispute to modified arbitration and agreed that the trial court would adopt the arbitrator's decision, plaintiff could not complain that the trial c