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  • Patel v. State

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bruce F. Morriss and Daniel Shim Morriss, Lober & Dobson LLC, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, Shukura L. Ingram and Craig E. Miller, Assistant Solicitors, Atlanta, for appellee.
    Case Number: A00A2390

    The trial court erred in concluding that it lacked discretion to grant defendant's motion for leniency on his misdemeanor sentences after the term of court in which the sentences were en

  • Hamilton v. Kentucky Fried Chicken of Valdosta Inc.

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark G. Pitts and John H. Beauchamp Beauchamp & Assocs., Albany, for appellant.
    for defendant: William C. Sanders Alexander & Vann, Thomasville, for appellee.
    Case Number: A00A2057

    Premises owner's failure to turn on its parking lot lights raised a jury issue as to whether plaintiff failed to exercise ordinary care when she tripped and fell over a raised curb in the dark, even

  • Dickerson v. Dickerson

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kenneth L. Shigley, Atlanta, for appellant.
    for defendant: Richard W. Hendrix Finch, McCranie, Brown & Thrash, Atlanta, for appellee.
    Case Number: A00A1992

    A prior judicial determination that petitioner was not decedent's common-law wife, precluded her from raising their alleged common-law marriage in her petition to set aside the appointment of decede

  • State v. Pennyman

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Joseph J. Drolet, Solicitor General, and Marko L. Burgar, Assistant Solicitor, Atlanta, for appellant.
    for defendant: Kevin J. Jones, Assistant Public Defender, Atlanta, for appellee.
    Case Number: A00A1991

    Under the "collective knowledge" rule, the two arresting officers acted in concert in stopping the defendant for spe

  • In re Sellers

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Agrippa K. Long III, Atlanta, for appellant.
    for defendant: Mark N. Stephen The Law Complex, Decatur, for appellee.
    Case Number: A00A1894

    The probate court had authority to approve the creation of a trust for the benefit of an incapacitated woman after the court authorized her guardian to settle her personal injury

  • Law Journal Press | Digital Book

    Federal Tax Litigation

    Authors: Susan A. Berson, Original Author, William H. Byrnes, Revision Author

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  • Porter v. Tissenbaum

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gail A. Mackinson and Cynthia L. Montgomery, Avondale Estate, for appellant.
    for defendant: . J. Hue Henry and Christopher L. Casey J. Hue Henry PC, Athens, for appellee.
    Case Number: A00A2450

    The trial court conditionally granted defendants' motion to set aside the default judgment against them by exercising its authority under O.C.G.A. § 51-12-12 b to reduce the jury's

  • Rockwell v. Lockheed Martin Corp. d/b/a Lockheed Martin Aeronautical Sys.

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephen D. Apolinsky Eastman & Apolinsky LLP, Decatur, for appellant.
    for defendant: Russell B. Davis and Alan J. Gibson Downey & Cleveland, Marietta, for appellee.
    Case Number: A00A2433

    The Workers' Compensation Act provided the plaintiff's exclusive remedy for the injury she sustained during a scheduled lunch

  • Smith v. Mr. Sweeper Stores Inc.

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John F. Sweet Clements & Sweet PC, Atlanta, for appellant.
    for defendant: David A. Smith Drew, Eckl & Farnham, Atlanta, for appellees.
    Case Number: A00A1808

    Workers' compensation claimant had the burden of proving that her continuing problems with migraines and high blood pressure were directly related to her 7-year-old work-related i

  • McCarty v. Delta Pride

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas M. Hackel Hackel & Hackel, Waycross, for appellant.
    for defendant: Douglas L. Gibson Gibson & Spivey, Waycross, for appellee.
    Case Number: A00A2157

    The superior court erred in reversing the appellate division's finding that malaria is not an ordinary disease of life as defined by the Worker's Compensatio

  • Gunsby v. State

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles R. Floyd Jr., Peachtree City, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Lynda S. Engel, Assistant District Attorney, LaGrange, for appellee.
    Case Number: A00A2418

    The trial court was not required to sever an armed robbery charge involving a convenience store from a similar robbery charge involving a fast-food restaurant because the crimes were committed a day