• Kim v. State

    Publication Date: 2016-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert Giannini and Christopher Yates Giannini Yates LLC, Atlanta, for appellant.
    for defendant: Sherry Boston, Solicitor General, William Richardson, and Wystan Getz Solicitor General's Office, Decatur, for appellee.

    Case Number: A16A0430

    The trial court did not abuse its discretion in admitting into evidence the defendant's prior DUI convictions, because the facts of the prior DUI stop and the field sobriety tests were relevant to a

  • The Med. Ctr. Inc. v. Bowden

    Publication Date: 2016-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bobby Scott Fischer Scott LLC, Columbus, for appellant.
    for defendant: Charles Gower, Columbus, for appellee. Other party representation: Peter York Hawkins Parnell, Atlanta.

    Case Number: A14A0266

    Where the subject matter of a lawsuit includes the validity and amount of a hospital lien for the reasonable charges for a patient's care, how much the hospital charged other patients, i or un

  • In the Interest of J. A. B.

    Publication Date: 2016-05-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jenny Carver Carver DeBord PC, Canton, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and Lisa Haddock-Malas, Milton, for appellee. Other party representation: Richard Jones, Canton.

    Case Number: A15A2049

    The juvenile court's terminating a mother's parental rights to her three children was insufficient to enable appellate review of the

  • Sheats v. The Kroger Co.

    Publication Date: 2016-05-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Markus Boenig Solicitor General's Office, and Malcolm Palmore Palmore Boenig Associates PC, Athens, for appellant.
    for defendant: Matthew Moffett, Candis Jones Gray, Rust, St. Amand, Moffett Brieske LLP, Jeffrey Wasick Buddoo Associates PC, Atlanta, M. Steven Heath, and Matthew Moseley Cowsert Avery LLP, Athens, for appellees.

    Case Number: A15A2073; A15A2074

    The Court partially reversed the grant of summary judgment to a grocery store chain in the plaintiff's personal injury action arising after a package that she took off a shelf broke open, causing gl

  • Cobra 4 Enters. v. Powell-Newman

    Publication Date: 2016-05-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Elizabeth Howard Barrickman Allred Young LLC, Atlanta, for Cobra 4 Enters.. Scott King in Case No. A15A2346 only Jacobs King Wallack LLC, Atlanta, Robert Katz, and Briant Mildenhall Katz, Stepp, Wright, Fleming, Decatur, for Powell-Newman et al.. Other party representation: Marty Senn James, Bates, Pope Spivey LLP, Macon.
    for defendant:

    Case Number: A15A2346; A15A2347

    The defendant was not liable for another company's actions on either alter ego or joint venture grounds, and there was no evidence supporting a theory of negligent entrustment, so the defendant was

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  • Newsome v. LinkAmerica Express Inc.

    Publication Date: 2016-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Paul Ayerbe Ayerbe Cowart, Macon, for appellant.
    for defendant: Blair Cash and Kevin Shires Leuder, Larkin Hunter LLC, Alpharetta, for appellees.

    Case Number: A15A2010

    Genuine issues of material fact remained with regard to the plaintiff's ordinary negligence claim arising after he struck a truck that the defendant had parked on a residential street outside his ho

  • Stock Building Supply Inc. v. Platte River Ins. Co.

    Publication Date: 2016-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jeffrey Leeper, Cory Close, and Chad Reed Busch, Reed Jones PC, Marietta, for Stock Building Supply Inc.. John Bellus and Freddie Stone Stone Bellus PC, Atlanta, for Platte River Ins. Co..
    for defendant:

    Case Number: A15A2301; A15A2302

    Genuine issues of material fact remained in a sub-contractor's suit against the surety for a construction project arising out of the general contractor's failure to complete the project and failure

  • Williams v. State

    Publication Date: 2016-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Chaunda Brock Brock Law LLC, Atlanta, for Williams. Natalie Stephenson and Bethany Lindstrom Public Defender's Office, Decatur, for Espinoza. Robert D. James Jr., District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for State.
    for defendant:

    Case Number: A15A1928; A15A1929

    The open-air dog sniff around the defen vehicle, which resulted in probable cause to detain the defendants and to search their vehicle, was done while the officer was still confirming the defe

  • Allen v. State

    Publication Date: 2016-04-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Steven Miller, Summerville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.

    Case Number: A15A2317

    The defendant had no standing to challenge the grant of use immunity to a co-defendant in his trial for armed robbery, aggravated assault, battery and false imprisonment in connection with a home inv

  • Farmer v. State

    Publication Date: 2016-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gordon Hall, Conyers, for appellant.
    for defendant: Richard Read, District Attorney, and Roberta Earnhardt, Senior Assistant District Attorney, Conyers, for appellee.

    Case Number: A15A1783

    The trial court properly denied the DUI defendant's motion to suppress the results of a State-designated breath because the defendant did not request an independent chemical