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  • Burns v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Christina Stahl, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, and Mickey R. Thacker, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A00A1014

    Although the defendant claimed that he tricked the restaurant cashier into giving him too much change, the cashier testified that the defendant forcibly grabbed the money from her

  • Stewart v. Stewart

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stacie A. Conner Conner & Conner, Atlanta, for appellant.
    for defendant: Deborah A. Stewart, Houston, proceeded pro se.
    Case Number: A00A0265

    The modification of ex-wife's visitation rights requiring ex-husband to purchase son's airfare to see his mother did not amount to an unauthorized change in child su

  • Jackson v. Waffle House Inc.

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas J. Gustinella, Savannah, for appellant.
    for defendant: Stanley Karsman Karsman, Brooks & Callaway PC, Savannah, for appellee.
    Case Number: A00A0453

    The plaintiff's admission that she knew of the uneven condition of the defendant's parking lot which she had used on numerous occasions did not resolve the issue of whether she exercised ordinary ca

  • Jowers v. Arthur

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William R. McCracken, Augusta, for appellant.
    for defendant: Jon E. Ingram Jr. Dye, Tucker, Everitt, Wheale & Long, Augusta, for appellee.
    Case Number: A00A0825

    Judicial estoppel did not bar the plaintiff's personal injury claim against the defendant, because the plaintiff dismissed her original bankruptcy petition and refiled a corrected petition to includ

  • B&R Realty Inc. v. Carroll

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard D. Tunkle English, Tunkle & Smith, Clayton, for appellant.
    for defendant: . Malcolm S. Campbell, Cornelia, and Sean A. Black, Toccoa, for appellees.
    Case Number: A00A0165

    Broker's express listing agreement with sellers precluded application of the common law "procuring cause" doctrine with regard to the broker's claim for a real estate commi

  • Law Journal Press | Digital Book

    Directors and Officers Liability: Prevention, Insurance and Indemnification

    Authors: John H. Mathias, Jr., David M. Kroeger, Alexander J. May, Matthew M. Neumeier, deceased, Jerry J. Burgdoerfer, deceased

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  • Butts v. State

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2145

    The Court of Appeals vacated its decision in Butts v. State, A99A2145 3/30/00, 00 FCDR 1968 6/2/00, and issued a substitute opinion, holding that the trial court was authorized to find that defense

  • Howard v. Technosystems Consol.

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0784

    Plaintiff failed to show that defendants negligently or fraudulently disclosed her invention—a musical pen—to a competitor who had been selling a similar product for

  • Exum v. Melton

    Publication Date: 2000-08-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Converse Bright, Valdosta, and William Q. Bird Bird, Ballard & Still, Atlanta, for appellant.
    for defendant: . Thomas S. Chambless and Charles K. Wainright II Watson, Spence, Lowe & Chambless, Albany, for appellees.
    Case Number: A00A0846

    Although venue vanished when plaintiffs dismissed the only resident defendant, the trial court retained jurisdiction to consider defendant's motion to dismiss due to insufficiency of service of pr

  • Deleo v. Mid-Towne Home Infusion Inc.

    Publication Date: 2000-08-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David L. Turner, Kevin L. Ward and Lea B. Kirschner Schulten, Ward & Turner, Atlanta, for appellant.
    for defendant: . William L. Ballard Ballard, Still & Ayres, Atlanta, for appellee. Other party representation: Brynda R. Insley, Kevin P. Race Insley & Race LLC, Michael J. Gorby and Matthew J. Ashby Gorby, Reeves, Peters & Burns PC, Atlanta.
    Case Number: A00A0469

    Plaintiffs were not entitled to add two defendants to their malpractice suit after expiration of the statute of limitations because they could not show that they were mistaken about the defendants'

  • Spooner v. Deere Credit Inc.

    Publication Date: 2000-08-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jonathan A. Alderman Anderson, Walker & Reichert, Macon, for appellant.
    for defendant: R. Michael Thompson and Bret T. Thrasher Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: A00A0351

    Plaintiff's default judgment against the defendant in its suit to repossess several manufactured homes barred defendant's counterclaim for wrongful repossession in plaintiff's subsequent suit for a