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Publication Date: 2009-12-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Jule C. Lassiter Breedlove & Lassiter LLP, Stone Mountain, for appellant.
for defendant: . Gary W. Diamond and LaShawn W. Terry Hollowell, Foster & Gepp, PC, Atlanta, for appellee.
Case Number: A09A1306
Even though the city filed its complaint more than four years after it made its last loan disbursement, the statute of limitations did not bar the city's suit, because the city could not have known
Publication Date: 2009-12-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Hugh M. Hadden and Sam B. Sibley Jr., Augusta, for appellant.
for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
Case Number: A09A1885
The defendant's double jeopardy claim failed, because her original sen was void and the case remained pending until the trial court imposed a lawful sen
Publication Date: 2009-12-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Gary P. Bunch, Carrollton, for appellant.
for defendant: Wade K. Copeland Carlock, Copeland, Semler & Stair, and Brenda R. Insley Insley & Race LLC, Atlanta, for appellee.
Case Number: A09A1108
The defendant mental health facility was not entitled to immunity under O.C.G.A. § 37-3-4 for the plaintiff's claim of involuntary detention, since that statute extends immunity only to designated i
Publication Date: 2009-12-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Jennifer B. Ventry and Timothy L. Kimble Public Defender's Office, Cartersville, for appellant.
for defendant: Thomas J. Campbell, District Attorney, and Gregory S. Dickson District Attorney's Office, Cartersville, for appellee.
Case Number: A09A1712
The defendant was a party to the act of damaging the locks to the water meter for the residence in which she was staying and engaged in the unauthorized use of water ser
Publication Date: 2009-12-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Gabriel R. Bradford and Dustin R. Marlowe Tolbert Bradford LLC, Jefferson, for appellant.
for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Ashley Willcott, Atlanta, and Kate McCann Barrow County DFCS, Winder, for appellee. Other party representation: Victoria Moore, Attorney Child Advocate, and Tracie Malcom, Jefferson.
Case Number: A09A1557
Juvenile court had jurisdiction to terminate parental rights and award custody to DHR, even though the termination order was filed after the parents voluntarily surrendered custody of the child to h
Law Journal Press | Digital Book
Authors: James C. Freund
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Publication Date: 2009-11-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Elizabeth A. Frey and Louis R. Cohan Weinstock & Scavo PC, Atlanta, for appellant.
for defendant: Kevin S. Kovalchik Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
Case Number: A09A1326
The defendants failed to show one of the three grounds necessary for opening their default: providential cause, excusable neglect or proper
Publication Date: 2009-11-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Mary I. Dickerson, Decatur, for appellant.
for defendant: Thurbert E. Baker, Attorney General, Atlanta, for appellee.
Case Number: A09A0800
Disqualification of benefits requires deliberate, conscious fault by the emp
Publication Date: 2009-11-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: William R. Carlisle Carlisle Law Firm LLC, Lawrenceville, for appellant.
for defendant: Fred J. Hanna and James T. Freaney Frederick J. Hanna & Assoc. PC, Marietta, for appellee.
Case Number: A09A1270
The plaintiff failed to show that it was entitled to file suit against the defendant to recover an outstanding credit card
Publication Date: 2009-11-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Kristine R. Tarrer, Eatonton, for appellant.
for defendant: Thomas P. Allen III Martin Snow LLP, Macon, for appellee. Other party representation: Ned Blumenthal Weissman, Nowak, Curry & Wilco PC, Atlanta.
Case Number: A09A1164
A realty was not entitled to a commission where the buyers and sellers agreed to terminate the real estate sales contract and to release all parties from their responsibil
Publication Date: 2009-11-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Geoffrey E. Pope Pope and Howard PC and Ralph I. Knowles Jr. Doffermyre Shields Canfield Knowles, Atlanta, for appellant.
for defendant: Daniel J. Huff and Camille N. Jarman Huff, Powell & Bailey LLC, Atlanta, for appellee.
Case Number: A08A0042
O.C.G.A. § 24-9-67.1 places particular emphasis on a proffered medical expert's professional experience and practice in assessing his or her qualifications to serve as an expert witness and it would
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