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  • In The Interest Of S. A. D. et al., children.

    Publication Date: 2018-06-01
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Lipscomb (Attorney at Law), Lawrenceville; James Outman (Law Office of James B. Outman, LLC), Atlanta, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Penny Hannah (Assistant Attorney General), Atlanta; Lee Moss (Prior, Daniel, and Wiltshire, LLC), Madison; Shalen Nelson (Senior Assistant Attorney General), Atlanta, for appellee.
    Case Number: A18A0306

    Mothers' Appellate Challenges to Custody Transfer Was Mooted by Their Voluntary Relinquishment of Custody to Grandparents for Adoption

  • Bi-Lo, LLC v. Green, et al.

    Publication Date: 2018-05-28
    Practice Area: Personal Injury | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Scott Kelly (Fulcher Hagler LLP), Augusta, for appellant.
    for defendant: David Dekle (Attorney at Law), Augusta, for appellee.
    Case Number: A18A0743

    No Liability for Slip-And-Fall Where Store Manager Lacked Reasonable Time to Remedy Dangerous Condition

  • Allen v. The State

    Publication Date: 2018-05-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Viveca Famber (Attorney at Law), Austell, for appellant.
    for defendant: Tracy Lawson (District Attorney), Jonesboro; Elizabeth Rosenwasser (Clayton County District Attorney), Jonesboro, for appellee.
    Case Number: A18A0480

    Trial Court Did Not Wrongfully Permit Deputy to Admonish Deputy to Stop Crying During Trial

  • Wallace v. Wallace et al.

    Publication Date: 2018-05-18
    Practice Area: Business Torts | Corporate Governance
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: James Ford (James Lee Ford P.C.), Atlanta, for appellant.
    for defendant: Andrew Gebhardt (Smith, Welch, Webb & White, LLC), Stockbridge; John Webb (Attorney at Law), Stockbridge, for appellee.
    Case Number: A18A0778

    The trial court erred in determining that appellant was required to sell his stock in a family-owned business at the 1994 value and in applying a minority interest discount to the value of the stock, as the trial court should have valued appellant's shares in 2003 when he breached the shareholders buy-sell agreement by refusing to sell his shares.

  • Thompson v. The State

    Publication Date: 2018-04-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Alixe Steinmetz, Raleigh; Eric Taylor (Attorney at Law), Atlanta, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Jeremy Hayes (Boling Rice LLC), Cumming; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A17A1628

    Trial Court's Ruling Lacked Findings Necessary For Review of Ineffectiveness of Counsel Claim

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Reid v. The State

    Publication Date: 2018-04-23
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A17A1707

    The trial court erred in ruling that defendant was not entitled to an out-of-time appeal based on ineffective assistance of counsel because he had established prejudice in his prior appeal and he established deficient performance on remand to the trial court.

  • Murray v. Community Health Systems Professional Corp. et al.

    Publication Date: 2018-04-17
    Practice Area: Civil Procedure | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Brown (Attorney at Law), Augusta, for appellant.
    for defendant: Thomas Cathey, George Hall (Hull Barrett PC), Augusta; Richard Sheinis (Hall Booth Smith P.C.), Charlotte; Sean Cox (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A2112

    The trial court properly granted summary judgment to defendants on plaintiff's retaliation claim because she failed to establish a prima facie case of retaliation but partially erred in granting defendants' motion for summary judgment on plaintiff's defamation claims, as a genuine issue of material fact remained with respect to one of the claims.

  • Budhani v. The State

    Publication Date: 2018-04-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Brian Steel (The Steel Law Firm, PC.), Atlanta; Miguel Debon (The Debon Law Group, PC), Lawrenceville, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Jillian Hall (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A18A0645

    The trial court did not err in denying defendant's motion to suppress his custodial statement in his trial for possessing and selling a Schedule-1 controlled substance, a synthetic form of marijuana, after finding that the custodial statement was voluntary.

  • Ray v. Hadaway et al.

    Publication Date: 2018-03-29
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Timothy King (Hodges, McEachern & King), Jonesboro, for appellant.
    for defendant: Eloise Hadaway, (c/o Hank Hadaway), Milledgeville; Sam Evans, Athens, for appellee.
    Case Number: A17A1417

    Triable Issues As To Whether Decedent's Grandson Had Fiduciary Duty to Restore Co-Owned Property to Decedent's Sole Ownership

  • Escamilla v. The State

    Publication Date: 2018-03-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals, 2nd Division
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jerry Chappell (Solo practicioner), Roswell, for appellant.
    for defendant: Darius Pattillo (District Attorney), McDonough; Sharon Hopkins (Henry County District Attorney's Office), McDonough, for appellee.
    Case Number: A17A2011

    Evidence of Acts of Exploitation Supported Conviction for Exploitation of Elder Person