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Publication Date: 2015-07-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: George Spears, Atlanta, and Brian Lockerbie, LaGrange, for appellant.
for defendant: Brian Dempsey, Dana Maine, Wayne Melnick Freeman Mathis Gary LLP, Mark Begnaud Horsley Begnaud LLC, Edward Miller Martenson Hasbrouck Simon LLP, Atlanta, and Theodore Meeker Sumner Meeker, Newnan, for appellees.
Case Number: A15A0229
In the malicious prosecution lawsuit, there were questions of fact remaining as to whether probable cause existed to prosecute the plaintiff on several off
Publication Date: 2015-07-17
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: John Kraft, Augusta, for appellant.
for defendant: Rebecca A. Wright, District Attorney, and Joshua Smith District Attorney's Office, Augusta, for appellee.
Case Number: A15A0011
The trial court erred in revoking the balance of the defendant's probation because the sentencing form failed to specify that a possible consequence of violating any of the probation conditions woul
Publication Date: 2015-07-17
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Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Cedric Arrington, Garden City, proceeded pro se. George Hartwig, District Attorney, Marie Banks District Attorney's Office, Perry, and Venita McCoy, Assistant District Attorney, Warner Robins, for appellee.
for defendant:
Case Number: A15A0722
The trial court properly denied the defendant's motion for an out-of-time appeal following his negotiated guilty plea to armed robbery because he knowingly and intelligently pleaded guilty and waive
Publication Date: 2015-06-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Rebecca A. Wright, District Attorney, and Joshua Smith District Attorney's Office, Augusta, for appellant.
for defendant: David Weber, Martinez, for appellee.
Case Number: A15A0113
The defendant was ineligible for conditional discharge under O.C.G.A. § 16-13-2 subsection a, the conditional discharge for drug possession statute, since that statute applies only to defendants who
Publication Date: 2015-06-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Shannon Wallace, District Attorney, Sarah Santander, and Cliff Head, Assistant District Attorneys, Canton, for appellant.
for defendant: Jonathan Kesler The Kesler Law Firm PC, Canton, for appellee.
Case Number: A15A0331
The traffic stop had de-escalated into a first-tier encounter when the officer asked the defendant for consent to search his vehicle and the defendant agreed; accordingly, the trial court erred in c
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Publication Date: 2015-06-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Derrick Johnson, Fayetteville, for appellant.
for defendant: Jamie Inagawa, Solicitor General, and Audrey H. Cruzan Solicitor General's Office, Fayetteville, for appellee.
Case Number: A15A0466
The evidence sufficiently showed that the defendant committed two counts of family violence simple battery when he hit his ex-wife and daughter during a scheduled custody exchange at a police st
Publication Date: 2015-06-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Christopher Moore Van Sant Law LLC, Cumming, for appellant.
for defendant: Joseph Pircon and Brian McMahon, Batavia, Ill., proceeded pro se.
Case Number: A15A0206
The trial court erred in sua sponte dismissing a law firm's action seeking to recover more than $129K in unpaid invoices for legal services, as the firm was not required to verify t plaint and
Publication Date: 2015-04-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Winston Denmark, Steven Fincher, and Emilia Walker Fincher, Denmark Williams LLC, Jonesboro, for appellant.
for defendant: Keith Wiener, Allen Hendrick, and Cody Wigington Holland Knight LLP, Atlanta, for appellee.
Case Number: A14A1690
The subcontractor that worked on a sewer pr for the City of College Park did not have a viable claim against the City after the general contractor failed to pay it for work performed on the pr
Publication Date: 2015-04-28
Practice Area:
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Craig Avery and Michael Broun Cowsert Avery, Athens, for appellant.
for defendant: . R. Keegan Federal and Ray Lerer The Federal Firm LLC, Atlanta, for appellees. Other party representation: Paul Groth Groth Makarenko LLC, Suwanee.
Case Number: A14A2330
The trial court erred in instructing the jury that the defendants were negligent and that the only issue for determination was damages, since the plaintiffs had not established all the elements of t
Publication Date: 2015-04-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Kelly Burke and Ronald Daniels Burke Lasseter LLC, Warner Robins, for appellant.
for defendant: J. Hatcher Graham, Warner Robins, for appellee.
Case Number: A14A2246
The evidence raised a question of fact as to whether the parties reached a quid pro quo agreement through their course of conduct and summary judgment on that issue was not approp
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