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Publication Date: 2016-01-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Robert Hughes Robert W. Hughes Jr. Associates PC, Lawrenceville, and Shawn Owen Robert W. Hughes Associates PC, Stone Mountain, for appellant.
for defendant: . Gregson Haan, David Kleber, and Jeremy McCullough McCullough Payne Haan LLC, Atlanta, for appellee.
Case Number: A15A1490
The trial court properly granted partial summary judgment to the creditor in its action to collect on a credit card debt, as the debtors' counterclaims under the Fair Debt Collection Practices Act
Publication Date: 2016-01-08
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Vincent Hyman, Atlanta, for appellant.
for defendant: Katherine Jackson and Charles McAleer McAleer Law, Decatur, for appellees.
Case Number: A15A1609
The trial court properly denied defendant MARTA's motion for directed verdict in a personal injury suit, because the evidence sufficiently established that a bus driver who sideswiped the plaintiffs
Publication Date: 2015-12-28
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Mark Jeffrey, Marietta, for appellant.
for defendant: Brian Fortner, District Attorney, Emily Richardson, and Anna Vaughan-Upshaw District Attorney's Office, Douglasville, for appellee.
Case Number: A15A0789
The trial court's mere clarification of the co-defendant's testimony did not constitute the type of direct comment on the substance or weight of the evidence that would violate O.C.G.A. § 17
Publication Date: 2015-12-23
Practice Area:
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: James Teague and Keisha M. Chambless Teague Chambless LLP, Cumming, for appellant.
for defendant: . William Dinges, Jason Schwartz Temple, Strickland, Dinges Schwartz, Atlanta, Elina Brim, and John Lueder Lueder, Larkin Hunter LLC, Alpharetta, for appellee. Other party representation: Paul Frickey and Kenneth Jarrard Jarrard Davis LLP, Cumming.
Case Number: A15A1167
The trial court erred in granting summary judgment to the defendant homeowners association on the plaintiffs' claim for breach of legal duty based on a voluntary undertaking, as a genuine issue of m
Publication Date: 2015-12-23
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Lucas Harsh, Lawrenceville, for appellant.
for defendant: Daniel J. Porter, District Attorney, Thomas Williams, Assistant District Attorney, and Richard Armond District Attorney's Office, Lawrenceville, for appellee.
Case Number: A15A1013
The trial court failed to adequately address the defendant's speedy trial claim, as it did not properly balance the Barker-Doggett fa
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Publication Date: 2015-12-21
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Alan Mullinax, Lawrenceville, for appellant.
for defendant: Renee Neary Alston Bird, and John Mayoue, Atlanta, for appellee.
Case Number: A15A0452
The Court had jurisdiction over the appeal, as the order awarding attorney fees disposed of all the claims in the child custody modification action and was thus a final judgment subject to direct ap
Publication Date: 2015-11-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Steven Pritchett and Simon Malko Morris, Manning Martin LLP, Atlanta, for appellant.
for defendant: David Dolinsky, Harriet Isenberg, and Ryan Isenberg Isenberg Hewitt PC, Atlanta, for appellee.
Case Number: A15A1298
The property management company had a duty to disclose its agency relationship with the complex owner to the vendor performing work at the complex in order to avoid liability for the payment of invo
Publication Date: 2015-11-17
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Samika Boyd and Von DuBose Bondurant Mixon Elmore LLP, Atlanta, for appellant.
for defendant: Lauren Bellamy McKenna Long Aldridge LLP, and William Cornwell Barnes Thornburg LLP, Atlanta, for appellee.
Case Number: A15A1062
The trial court was authorized under O.C.G.A. § 9-11-55 subsection b to open prejudgment default on the plaintiff's petition to confirm an arbitration award and compel arbitration on the issue of al
Publication Date: 2015-11-02
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Donald Roch, Canton, for appellant.
for defendant: Shannon Wallace, District Attorney, Jay Wall, and Cliff Head, Assistant District Attorneys, Canton, for appellee.
Case Number: A15A0860
The phrase relevant similar transaction under O.C.G.A. § 17-10-6.2 subsection c 1 C includes a conviction for a sexual offense charged within the same indictment as the off
Publication Date: 2015-10-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Matthew Hennesy Farrar, Hennesy, Tanner, Douglas, for appellant.
for defendant: Brian Miller and John Smith Young, Thagard, Hoffman, Smith Lawrence, Valdosta, for appellee. Other party representation: Jennifer Herzog and Anthony Rowell Hall Booth Smith PC, Tifton.
Case Number: A15A1250
The plaintiff was excluded from coverage under his employer's auto insurance policy because he was an employee, rather than an independent contractor, at the time of the accident at
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