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  • Ciuperca v. RES-GA Seven LLC

    Publication Date: 2012-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard Schrade, McDonough, for appellant.
    for defendant: Samuel Arden Hartman Simons Spielman & Wood LLP, Atlanta, for appellee.
    Case Number: A12A1659

    The trial court properly found good cause to believe that the property did not sell for its fair market value at the foreclosure

  • Isbell v. Credit Nation Lending Serv. LLC; Credit Nation Lending Serv. LLC v. Isbell

    Publication Date: 2012-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1360; A12A1361

    The forbearance to press legal claims constituted consideration for a used car dealership's promise to find a similar replacement vehicle for a returned Ford Explorer with frame damage and transmiss

  • Martin v. Dempsey Funeral Servs. Inc.

    Publication Date: 2012-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Barry Noeltner, Atlanta, and Kelly Turner, Cumming, for appellant.
    for defendant: Stephen Cotter and Steven Wilson Swift Currie McGhee & Hiers LLP, Atlanta, for appellees.
    Case Number: A12A1418

    In a slip and fall action for injuries sustained at a cemetery, the evidence raised jury questions as to the applicability of the Recreational Property Act and the plaintiff's legal status as either

  • Lovell v. Georgia Trust Bank

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sherri Buda and Simon Bloom The Bloom Sugarman Everett LLP, Atlanta, for appellant.
    for defendant: Paul Durdaller and Amy Weber Taylor English Duma LLP, Atlanta, for appellee.
    Case Number: A12A1234

    The documents, which the defendant sought to compel in this suit to recover the principal and interest due on a promissory note, were inadmissible under the parol evidence rule, since the plaintiff

  • Anderson v. Tattnall Cnty. Ga.

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John Hadden Turkheimer & Hadden LLC, Atlanta, and Julian Smith Jones & Smith, Metter, for appellant.
    for defendant: Patrick O'Connor, Benjamin Perkins Oliver Maner LLP, Savannah, and Joseph McGovern Dubberly & McGovern, Glennville, for appellee.
    Case Number: A12A1643

    The definition of em y care, which O.C.G.A. § 31-11-8 contemplates—providing for immunity for persons licensed to furnish ambulance services rendering em y care to accident victims or in e

  • Law Journal Press | Digital Book

    Massachusetts Legal Ethics & Malpractice 2017

    Authors: James S. Bolan, Sara N. Holden

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  • U. S. Bank NA v. Phillips

    Publication Date: 2012-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Douglas Clayton Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: Peter Ensign, Chattanooga, Tenn., for appellee.
    Case Number: A12A0957

    The Georgia Supreme Court's decision in You v. JP Morgan Chase Bank, N. A., Case No. S13Q0040 docketed Sept. 13, 2012 will be dispositive of the question of whether the plaintiff's complaint asserte

  • Maxum Indem. Co. v. Jimenez

    Publication Date: 2012-11-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William Buechner and Philip Savrin Freeman Mathis & Gary LLP, Atlanta, for appellant.
    for defendant: Richard Taylor Taylor & Viers, Stevan Miller, and Chad Jacobs Drew Eckl & Farnham LLP, Atlanta, for appellees.
    Case Number: A12A0992

    The insurance company's commercial general liability policy covered liability associated with its insured's negligent pipe installation on a construction project that resulted in property damage to

  • Liger v. State

    Publication Date: 2012-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas Driggers Public Defender's Office, Dallas, for appellant.
    for defendant: Donald Donovan, District Attorney, Thomas Cole, and Dana Norman, Assistant District Attorneys, Dallas, for appellee.
    Case Number: A12A1107

    The trial court did not err in its response to a jury question regarding the definition of penetration in a child molestation and rape proce

  • Bennett v. Department of Transp.; Johnson v. Department of Transp.

    Publication Date: 2012-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jack J. Helms Jr. The Helms Law Firm PC, Homerville, for appellant.
    for defendant: . Samuel S. Olens, Attorney General, G. Michael Banick, Assistant Attorney General, Sharon P. Horne Attorney General's Office, Atlanta, and Timothy M. Tanner, Valdosta, for appellee.
    Case Number: A12A1064; A12A1065

    The trial court properly granted summary judgment to the Department of Transportation on the plaintiffs' claims alleging that the negligent design, maintenance, and failure to provide proper traffic

  • Riggs v. State

    Publication Date: 2012-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1662

    The trial court properly denied the defendant's motion to withdraw his guilty plea, as the defendant had confirmed that he understood the charges pending against him, the rights that he was waiving