• Allifi v. Raider

    Publication Date: 2013-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Joseph McGovern Dubberly & McGovern, Glennville, and Susan Cox Edenfield, Cox, Bruce & Classens, Statesboro, for appellant.
    for defendant: . James Metts, Savannah, for appellee.

    Case Number: A13A0758; A13A0759

    The appellee could not use the existence of his voluntary acknowledgment of paternity, which he signed the day after the child's birth, as a basis to set aside the trial court's original judgment de

  • Branch Banking & Trust Co. v. Morrisroe

    Publication Date: 2013-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Russell Williams and Michael Sullivan Womble Carlyle Sandridge & Rice PLLC, Atlanta, for appellant.
    for defendant: Kim Jackson Hawkins, Parnell, Thackston & Young LLP, and Eric Shapiro Shapiro Law Group, Atlanta, for appellees.

    Case Number: A13A0531

    Georgia's notary public statute does not provide for a private civil cause of a

  • Paul v. Smith, Gambrell & Russell

    Publication Date: 2013-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Frank Beltran The Beltran Firm, Atlanta, for appellant.
    for defendant: . Shawn Scott and Robert Tanner Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellee.

    Case Number: A13A0227

    The trial court properly found that the plaintiffs' legal malpractice action was dismissed by operation of law because more than five years had elapsed since entry of the last order in the

  • Barfield v. Butterworth

    Publication Date: 2013-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Shane Geeter, Milledgeville, for appellant.
    for defendant: Amanda Petty Cansino, Petty & Stribling LLP, Milledgeville, for appellee. Other party representation: Crystal Barfield and David Hester, Eatonton.

    Case Number: A13A0129

    The paternal grandmother's temporary guardianship of the child did not deprive the superior court of subject matter jurisdiction to entertain the maternal grandmother's custody pet

  • Artson LLC v. Hudson

    Publication Date: 2013-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jacquelyn F. Luther, Atlanta, for appellant.
    for defendant: Justin J. Wyatt, Marietta, for appellee.

    Case Number: A13A0435

    The trial court properly dismissed the plaintiff limited liability corporation's action against a former managing member, as the trial court lacked personal jurisdiction over two corporation members

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  • Pulte Home v. Simerly

    Publication Date: 2013-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Christopher Galanek, Laura Williams, and Eric Schroeder Bryan Cave Powell Goldstein LLP, Atlanta, for appellant.
    for defendant: Simon Bloom The Bloom Sugarman Everett LLP, Martin Shelton Scoggins & Goodman PC, Donald Stack Stack & Associates PC, Atlanta, and Michael Carvalho Carvalho & Associates PC, Marietta, for appellees.

    Case Number: A13A0065

    The trial court did not err in denying the defendant's motion in limine to preclude the plaintiffs' counsel from testifying at trial regarding the spoliation of certain evidence that occurred during

  • Ashmore v. State

    Publication Date: 2013-07-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Steven Miller, Summerville, for appellant.
    for defendant: Rosemary Greene, District Attorney, and Sharon Fox, Deputy District Attorney, Cartersville, for appellee.

    Case Number: A13A1413

    Although the defendant was in jail on an unrelated charge at the time he gave his statement, officers had advised him of his Miranda rights, he voluntarily waived his rights in writing, he did not i

  • Donohoe v. Donohoe

    Publication Date: 2013-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kathy Portnoy Callner, Portnoy & Strawser PC, Atlanta, for appellant.
    for defendant: John Long Tucker, Everitt, Long, Brewton & Lanier, and Beth Smith Smith & Smith, Augusta, for appellee.

    Case Number: A13A0389; A13A0390

    The trial court based its rulings on the parties' petitions to modify child custody and visitation on an erroneous view of the law and consideration of matters outside the r

  • Raymond v. State

    Publication Date: 2013-07-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Raina Nadler, Roswell, for appellant.
    for defendant: Patrick H. Head, D. Victor Reynolds, District Attorneys, Amelia Pray District Attorney's Office, and John Butters, Marietta, for appellee.

    Case Number: A13A0014

    The trial court properly found that the State did not violate discovery rules because the defendant's previous counsel had seen the four boxes of documents at issue and the trial court gave trial co

  • Gayle v. Frank Callen Boys and Girls Club Inc.

    Publication Date: 2013-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Dwight Feemster Duffy & Feemster LLC, and William Norse, Savannah, for appellant.
    for defendant: . Ryburn Ratterree and Quentin Marlin Ellis Painter Ratterree & Adams LLP, Savannah, for appellee. Other party representation: Dana Braun and D. Scott Porch Callaway, Braun, Riddle & Hughes PC, Savannah.

    Case Number: A13A0084

    The Recreational Property Act precluded the plaintiffs' claims to recover for injuries, which the first plaintiff sustained during a basketball game at the defendant Boys and Girls