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  • Smith v. Bank of America NA

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Vivian H. Smith, Stone Mountain, proceeded pro se. Richard B. Maner, Atlanta, for appellee.
    for defendant:
    Case Number: A11A0426

    The skeletal record provided by appellant rendered the Court unable to meaningfully review any alleged

  • Johnson v. State

    Publication Date: 2011-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John G. Edwards, Valdosta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A10A1949

    The trial court did not impose an impermissibly harsher sentence on remand because the defendant's new sentence did not increase either in count or in the aggr

  • Noons v. Holiday Hospitality Franchising Inc.

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Steven W. Hardy, Atlanta, for appellant.
    for defendant: Scott L. Bonder Fried & Bonder LLC, Atlanta, for appellee.
    Case Number: A10A1045

    The guarantor was estopped from arguing that pursuant to OCGA § 10-7-20, the appellee's release of the co-guarantor served to discharge his own obligations under the gua

  • Taylor v. State

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William C. Mewborn III, Conyers, for appellant.
    for defendant: Richard R. Read, District Attorney, and Roberta A. Earnhardt, Senior Assistant District Attorney, Conyers, for appellee.
    Case Number: A10A2152

    The evidence showed that the defendant and his co-defendant drove to the crime scene together and gained entry to the burglarized home by breaking through a glass door, whereupon the defendant shot

  • Phillips v. State

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Nigel R. Lush, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A1881

    The trial court did not err in refusing to charge the jury on mistake of fact based on the defendant's out-of-court statement that he was at the house in question in connection with his flooring bus

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  • Grimes v. Catoosa County Sheriff's Office

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas F. Lindsay Townley & Lindsay LLC, Rossville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, Melissa A. Pittman, Assistant District Attorney, Christopher C. Young, Ringgold, and Thurbert E. Baker, Attorney General, Atlanta, for appellees.
    Case Number: A10A1647

    The trial court erred in ruling that the appellant did not have the right to seek expungement of his records based on the fact that he was indicted before the charge against him was nolle pr

  • Ham v. State

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Daryl Ham, Loganville, proceeded pro se. Rosanna M. Szabo, Solicitor General, Lawrenceville, for appellee.
    for defendant:
    Case Number: A10A1695

    No evidence of record showed that the defendant made a knowing and voluntary waiver of his right to co

  • Scoggins v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ramon Alvarado and Kavan S. Grover, Lawrenceville, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Marietta, and Erica K. Dove Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A10A1427

    Police had probable cause to arrest the defendant for DUI-less safe under the circumst

  • Southern Mut. Church Ins. Co. v. ARS Mechanical LLC

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Carrie L. Christie and Andrea E. Dobur Rutherford & Christie LLP, Atlanta, for appellant.
    for defendant: Henry D. Green Jr. Green & Sapp LLP, Atlanta, for appellee.
    Case Number: A10A1078

    The voluntary payment doctrine barred the insurer's recovery in its suit asserting contract and negligence claims arising out of the defendant's installation of an air conditioning system at the in

  • Sarif v. Novare Group Inc.

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Wallace H. Ehrenclou and James R. Fletcher II Weinstock & Scavo PC, Atlanta, for appellant.
    for defendant: . William N. Withrow Jr., Thomas E. Reilly, and Brian P. Watt Troutman Sanders LLP, Atlanta, for appellees.
    Case Number: A10A0972

    The plaintiffs' claims alleging fraud in the inducement by active concealment, negligent misrepresentation, negligent supervision and violation of the Georgia Fair Business Practices, arising from t