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  • Broadnax v. Daniel Custom Constr. LLC

    Publication Date: 2012-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John C. Bell Jr. Bell & Brigham, Augusta, Benjamin F. Windham, Stockbridge, and John D. Hadden, Atlanta, for appellant.
    for defendant: M. Steven Heath, Matthew A. Moseley Blasingame Burch Garrard & Bryant, Athens, William P. Horkan, Lee M. Gillis Jr. James Bates Pope & Spivey LLP, Macon, and Charles W. Rutter, Canton, for appellees.
    Case Number: A11A2124

    A genuine issue of material fact remained as to whether the third defendant was the appellees' employee acting in the scope of his employment when his ve collided head-on with the plaintiff's ve

  • Laurel Baye Healthcare of Macon LLC v. Neubauer

    Publication Date: 2012-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A2367; A11A2368

    The plaintiff implicitly waived her right to a default judgment when she allowed the defendant to file an untimely answer, engaged in efforts to compel discovery and waited over 1 1/2 years before

  • Kirkland v. State

    Publication Date: 2012-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A1891; A11A1968

    The trial court did not err in denying the co-defendants' Batson challenges to the state's peremptory es of four African-American jurors, as they failed to rebut the state's explanations for th

  • Union Carbide Corp. v. Fields

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A2025; A11A2026

    The defendants failed to demonstrate that any issue of fact remained as to whether the nonparty vehicles or products to which the plaintiff was allegedly exposed in fact contained asbestos, as was r

  • Rowe v. State

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Milledgeville, and Michael B. Fulcher District Attorney's Office, Greensboro, for appellee.
    Case Number: A11A2119

    The officer was authorized to initiate the traffic stop because he observed the defendant traveling slowly in the leftmost lane of the interstate, impeding the flow of traffic and creating the risk

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    Winning at Trial: Insights from the Bench and Leading Litigators

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  • Ready Mix USA Inc. v. Ross

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Timothy C. Lemke and Jon W. Spencer Swift Currie McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: . Katherine L. McArthur and Leslie L. Cadle, Macon, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    Case Number: A11A2173

    The ng notice itself and the statements of the plaintiff's counsel constituted some competent evidence to support a finding that the plaintiff provided the defendants with adequate notice of th

  • Johnson v. DeKalb County

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James S. Teague Jr. and Keisha L. Martin, Cumming, for appellant.
    for defendant: . Duane D. Pritchett, Chief Assistant County Attorney, and Kendric E. Smith, Assistant County Attorney, Decatur, for appellees.
    Case Number: A11A2358; A11A2359

    The parties entered into a mutually binding settlement to drainage issues and repair the plaintiffs' properties from erosion d

  • State v. Hipp

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William J. Langley, District Attorney, Blairsville, and Jeremy D. Clough, Assistant District Attorney, Hiawassee, for appellant.
    for defendant: Jeffrey L. Wolff, Dahlonega, for appellee.
    Case Number: A11A2322

    The trial court lacked the authority to grant the defendant post-conviction immunity pursuant to O.C.G.A. § 16-3

  • Smith v. State

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards CouncilAppellate Division, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A11A1718

    Evidence that the victim awoke to find the defendant naked and on top of her in her bedroom and that he prevented her from leaving when she attempted to escape from the room supported the defendant'

  • Bentley v. State

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Timothy B. Lumpkin, Marietta, for appellant.
    for defendant: Ronald R. Donovan, District Attorney, and Thomas D. Lyles District Attorney's Office, Dallas, for appellee.
    Case Number: A11A2207

    The state proved venue for the child molestation charge at issue through the victim's testimon the molestation incident occurred near a church close to Yorkville and a police officer's testimo