• Chattooga County Bd. of Educ. v. Searels

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Phillip L. Hartley and Brian C. Smith Harben, Hartley and Hawkins LLP, Gainesville, for appellant.
    for defendant: Ivy S. Duggan Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome, for appellee.

    Case Number: A09A1993

    The trial court erred in reversing the local and state boards' decision contrary to the any evidence standard of r

  • Lawyers Title Ins. Corp. v. Griffin

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles S. Conerly, Dana G. Diment, Price H. Carroll and Tom A. Bingham Smith Diment Conerly LLP, Carrollton, for appellant.
    for defendant: Robert J. Proctor, Bradley A. Hutchins and Adam C. Caskey Proctor Hutchins Porterfield, Alpharetta, for appellee.

    Case Number: A09A1874

    The trial court erred in denying a title insurer's summary judgment motion on a landowner's bad faith claim, because the insurer's non-payment of the landowner's claim was reasonably based on an app

  • Lynch v. Horton

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Deborah Hinton-Lynch, Laurel, Md., proceeded pro se. Anthony A. Hallmark, Powder Springs, for appellee.
    for defendant:

    Case Number: A09A1934

    The trial court was presumably correct in allowing father to bring his petition for modification, because the mother did not show that father's petition was filed as a prohibited counterclaim under

  • Romano v. Georgia Dep't of Corrections

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Joseph Romano, Alamo, proceeded pro se. Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    for defendant:

    Case Number: A09A1654

    The trial court erred in not allowing the plaintiff to proceed with his conversion claim against the Department of Corrections, because no apparent exception to the GTCA ap

  • Greenwood Homes Inc. v. Regions Bank

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John A. Christy and Philip R. Green Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: Jennifer B. Moore and Michael J. C. Shaw Greenberg Traurig LLP, Atlanta, for appellee.

    Case Number: A09A1631

    An appraiser's limited consideration of two non-market transactions did not invalidate his valuation of certain real property, because he adjusted the price upwards for those transactions and placed

  • Law Journal Press | Digital Book

    Lawyer’s Handbook: Ethics Compliance and Claim Avoidance, The

    Authors: SHARI L. KLEVENS, ESQ., J. RANDOLPH EVANS, ESQ., ALANNA G. CLAIR, ESQ.

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  • Langston v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Guy J. Notte, Madison, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, and Kevin R. Majeska District Attorney's Office, Thomson, for appellee.

    Case Number: A09A2142

    After pulling the defendant over for speeding, the officer was authorized to order the defendant out of the vehicle, run a license check and detain the defendant to investigate whether he was in law

  • Esprit Log and Timber Homes v. Wilcox

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William L. Reilly, Blue Ridge, for appellant.
    for defendant: Michael H. Cummings II Cummings & Dillard, Clayton, for appellees.

    Case Number: A09A2215

    The evidence supported the jury's punitive damages award against plaintiff, because the plaintiff accepted the defendants' order knowing that it could not deliver on its promise to deliver pre-cut a

  • R. Larry Phillips Constr. Co. Inc. v. Muscogee Glass

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Burke A. Noble and Bruce A. Taylor Jr. Drew, Eckl & Farnham, Atlanta, for appellant.
    for defendant: William A. Erwin Powell & Erwin PC, Camilla, Jerry A. Buchanan, Trisha D. Hargrove Buchanan & Land, Columbus, Robert B. Hill, Ernest L. Beaton McLain & Merritt PC, Richard H. Hill Jr., Nicholas A. Hinson Mabry & McClelland LLP, Gregory H. Wheeler, Brent A. Meyer Carlock Copeland Semler & Stair LLP, Philip K. Lichtman Mills Paskert Drivers PA, Atlanta, and George L. Welborn Downey, Cleveland, Parker & Williams, Marietta, for Muscogee Glass et al.

    Case Number: A09A1744, A09A2050

    The right of contribution does not require a judgment against general contractor on the underlying action before its contribution suit can pr

  • McGowan v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James D. Lamb, Columbus, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Carrollton, for appellee.

    Case Number: A09A2288

    The trial court did not improperly bolster the victim's credibility in allowing the victim's mother and the treating nurse and doctor to testify, because the witnesses were testifying on their opini

  • Sun v. Girardot

    Publication Date: 2010-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Joseph C. Sun, Bluffton, proceeded pro se. Matthew R. Girardot, Hoschton, for appellees.
    for defendant:

    Case Number: A09A1709

    The Chatham county trial court presumably ruled correctly in not finding a Newton county contempt order void on its face, because the Chatham county court concluded that the appellant had notice of