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  • Robinson v. Georgia Hous. and Fin. Auth.

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: O. Torbitt Ivey Jr. Ivey & Assocs. PA, Augusta, for appellant.
    for defendant: . James L. Lester, Augusta, and J. Steven Cheatwood Fowler, Hein, Cheatwood, Passino & Williams, Atlanta, for appellee.
    Case Number: A00A0437

    The trial 's grant of defendants' motion for reconsideration and stay of execution of the writ of possession extended the date for filing their notice of appeal until seven days after the tria

  • Green v. State

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A00A0661

    The trial court properly allowed the prosecutor to argue in closing that a not-guilty verdict would send a message to the community that insults alone justify shooting the ins

  • Davis v. State

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: L. Elizabelth Lane, Macon, for appellant.
    for defendant: Kelly R. Burke, District Attorney, A. James Rockefeller, Assistant District Attorney, Perry, for appellee.
    Case Number: A00A0882

    Defendant's prior conviction for using a gun to threaten a driver who disagreed with defendant over a parking space showed defendant's propensity for using guns to intimidate persons who would not c

  • Poetter v. State

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas E. Maddox, Jr. Thomas E. Maddox Jr. PC, Tucker, for appellant.
    for defendant: James D. McDade, District Attorney, Douglasville, for appellee. Other party representation: Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta.
    Case Number: A00A0196

    Defendant's appeal from the transfer of his parole supervision was since he failed to deny superior court's finding that appeal was

  • Joe Ahearn a/k/a John Ahearn v. Westrec Management Inc. d/b/a Holiday on Lake Lanier

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James L. Kraemer, Lawrenceville, for appellant.
    for defendant: Scott M. Kaye and Norman G. Johnson Manchel, Johnson & Wiggins, Atlanta, for appellee.
    Case Number: A00A0863

    Because defendant did not cite the record or argue the merits of his appeal in his brief, the trial court's grant of partial summary judgment to the plaintiff was presumed co

  • Law Journal Press | Digital Book

    Infobeans cogito test

    Authors: Stephen Fishman

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  • Barge v. St. Paul Fire & Marine Ins. Co.

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John A. Christy, Debbie A. Wilson and David H. Flint Schreeder, Wheeler & Flint, Atlanta, for appellant.
    for defendant: Edward H. Wasson Jr. and W. Hensell Harris Jr. Wasson, Sours & Harris, Atlanta, for appellee.
    Case Number: A00A0363, A00A0364

    A trial court must enter a written monetary judgment on an order confirming an arbitration award before it can order a supersedeas

  • Mayer v. Wylie

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Herman Pierre Jr., Atlanta, for appellant.
    for defendant: James B. Walton Cobb & Walton PC, Norcross, for appellee.
    Case Number: A00A0678

    Because plaintiff did not challenge the admissibility of the officer's testimony about his accident investigation experience, the trial court's pattern jury instruction on expert testimony was not

  • In re Estate of Farquharson

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles A. Miller, Harry O. Lee Jr., Sherry B. Goodrum and Lucius M. Layfield III Miller, Layfield & Lee PC, Columbus, for appellant.
    for defendant: Alan F. Rothschild, John H. Denney and James E. Humes II Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, for appellee.
    Case Number: A00A0591

    Probate court did not have to appoint the decedent's choice of executor before it could consider the merits of the caveator's claim that the executor was

  • Sheffield v. Darby

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert J. Wilson Webb, Tanner & Powell LLP, Lawrenceville, for appellant.
    for defendant: L. Katherine Adams, Decatur, and Guy L. Notte, Madison, for appellees.
    Case Number: A00A0558, A00A0559

    Defendant's statements that horse plaintiff wished to buy had no problems and was a good show horse amounted to mere puffing upon which a fraud claim could not be

  • White v. State

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ralph J. Hunstein, Monroe, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A00A0426

    Defendant's testimony that he purchased cocaine from the undercover officer on his own initiative rebutted his claim that the officer used defendant's common-law wife as an informant to entra