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  • Dewrell Sacks LLC v. Chicago Title Ins.

    Publication Date: 2013-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0901; A13A0902

    Questions of fact remained as to whether the plaintiff intended to rescind the individual defendant's personal guaranty to fully indemnify a title insurance company for any and all loss it sustained

  • Patel v. Ameris Bank

    Publication Date: 2013-10-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bryan Knight Knight Johnson LLC, Atlanta, for appellant.
    for defendant: . Larry Mayfield Smith, Welch & Brittain LLP, Barnesville, and John Webb, Stockbridge, for appellee.
    Case Number: A13A1099

    The trial court properly found that the appellee bank was the holder of the appellants' guaranties of a promissory

  • In the Interest of L. P.

    Publication Date: 2013-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kimberly Gross, Assistant Public Defender, Griffin, for appellant.
    for defendant: Scott Ballard, District Attorney, Robert Smith, Assistant District Attorney, Fayetteville, and Christy Jindra, Peachtree City, for appellee.
    Case Number: A13A1063

    The officer had a particularized and objective basis for suspecting that the occupants of a vehicle, including the defendant, were going to engage in criminal act

  • Endover Palisades LLC v. Stuart

    Publication Date: 2013-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Garrett Nye and Gus Small Cohen Pollock Merlin & Small, Atlanta, for appellant.
    for defendant: Robert Brennan and Rajesh Shah Parker Hudson Rainer & Dobbs LLP, Atlanta, for appellee.
    Case Number: A13A1347

    The trial court was not authorized to set aside the judgment for lack of personal jurisdiction based on insufficient service without first determining whether the appellee waived the defense when an

  • Fleming v. State

    Publication Date: 2013-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James Luttrell, Canton, for appellant.
    for defendant: James McDade, District Attorney, and Jeffrey Gore, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A13A1203

    The defendant was not entitled to a jury charge on defense of habitation as to his conviction for criminal damage to property in the second degree, since such defense does not apply to the use of fo

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Benfield v. Wells III

    Publication Date: 2013-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Joshua Millican, Atlanta, for appellant.
    for defendant: Thomas Bever, John Larkins, Todd Swanson Chilivis, Cochran, Larkins & Bever, Thomas Bosch, Jeremy Burnette, and James Mast Troutman Sanders LLP, Atlanta, for appellees.
    Case Number: A13A1157

    The trial court did not abuse its discretion in dismissing the plaintiff's shareholders' derivative

  • Wedemeyer v. Gulfstream Aerospace Corp.

    Publication Date: 2013-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brent Savage Savage, Turner, Savannah, for appellant.
    for defendant: Shawn Kachmar Hunter, MacLean, Exley & Dunn PC, Savannah, for appellee.
    Case Number: A13A0836

    The parties' arbitration agreement clearly applied to disputes involving former employees of the defendant and unambiguously stated that it covered claims arising from the employment relationship, i

  • Rimmer v. Tinch

    Publication Date: 2013-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William Maddox, Griffin, for appellant.
    for defendant: . David Brookshire, Cartersville, for appellees.
    Case Number: A13A1368

    The trial court erred in awarding attorneys' fees and costs without stating the basis upon which it made the award, and the evidence was insufficient to support such an award under any st

  • Sanders v. State

    Publication Date: 2013-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lucas Harsh, Lawrenceville, for appellant.
    for defendant: Daniel Porter, District Attorney, and Richard Vandever, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A13A0841

    The victim's testimony and the evidence of the victim's property officers found in the defendant's apartment supported the defendant's convictions for armed robbery and possession of a knife during

  • Thompson v. State

    Publication Date: 2013-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kenneth Kondritzer, Atlanta, for appellant.
    for defendant: Paul Howard, District Attorney, Peggy Katz, Senior Assistant District Attorney, and Joshua Morrison District Attorney's Office, Atlanta, for appellee.
    Case Number: A13A1629

    The State presented sufficient evidence to support the allegations in the indictment that the defendant entered the victim's apartment with the intent to commit a theft, contrary to the defendant's