• Georgia Casualty & Surety Company v. Valley Wood, Inc.

    Publication Date: 2018-04-19
    Practice Area: Civil Procedure | Insurance Litigation
    Industry: Insurance | Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Jerry Buchanan, Shannon Land (Buchanan & Land, LLP), Columbus; Patrick Fagan, Naveen Ramachandrappa, Frank Lowrey (Bondurant, Mixson & Elmore LLP), Atlanta, for appellant.
    for defendant: Neal Callahan, David Helmick, Clarence Mullin (Waldrep, Mullin & Callahan), Columbus, for appellee.

    Case Number: A17A2093

    In an insurance coverage case, the trial court exceeded its authority under the Declaratory Judgment Act by issuing a coercive declaratory judgment so the Court of Appeals vacated the order and remanded the case with direction.

  • Jones v. The State

    Publication Date: 2018-04-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Brent Hutchison (Attorney at Law), Zebulon; Jacob Weldon (Virgil L. Brown Associates, LLC), Zebulon, for appellant.
    for defendant: Jamie Inagawa (Fayette County Solicitor-General), Fayetteville; Joseph Myers (Chief Assistant Solicitor), Fayetteville, for appellee.

    Case Number: A17A1532

    Log Sheet With Handwritten Alcohol Breath Test Results Was Admissible Under Business Record Exception to Hearsay Rule

  • Community & Southern Bank v. First Bank Of Dalton et al.

    Publication Date: 2018-04-05
    Practice Area: Banking and Finance Laws | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Bryan Busch (Busch Slipakoff & Schuh, LLP), Atlanta; Laura Mirmelli (Adams and Reese), Atlanta, for appellant.
    for defendant: Stephen Michmerhuizen, Warren Coppedge (Coppedge and Associates, P.C.), Dalton, for appellee. Avery Jackson (Tisinger Vance PC), Carrollton, for other party.

    Case Number: A17A2121

    Trial Court Erred In Reentering Earlier Judgment After Appellate Court Directed Judgment Be Vacated and Issues Reconsidered

  • Cherokee Main Street, LLC v. Ragan

    Publication Date: 2018-03-22
    Practice Area: Personal Injury | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Brandon Day, Jerald Hanks (Hanks Brookes, LLC), Atlanta, for appellant.
    for defendant: William Akin, S. Tate (Akin & Tate, LLC), Cartersville, for appellee.

    Case Number: A17A1819

    Accident Victim Who Was Aware of Risk at Unmarked Crossing And Knowingly Stepped in Front of Approaching Car Had Superior Knowledge of Hazard

  • State v. Lewis

    Publication Date: 2018-03-19
    Practice Area: Criminal Law | Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Teri Walker (Fulton County District Attorney's Office), Atlanta; Paul Howard (District Attorney), Atlanta, for appellant.
    for defendant: Ashutosh Joshi (Attorney at Law), Atlanta; Matthew Winchester (Law Offices Of Matthew K. Winchester), Atlanta, for appellee.

    Case Number: A17A1692

    Officer Had No Ground to Arrest Driver and Impound Vehicle After Driver Provided Valid Proof of Insurance Coverage

  • Hardin v. The State

    Publication Date: 2018-03-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Margaret Heinen (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.

    Case Number: A17A1558

    The Court affirmed defendants' convictions in connection with sexual acts they committed against one of the defendants' stepdaughter but vacated their sentences and remanded for resentencing because the trial court failed to include mandatory split sentences and deviated below the mandatory minimum without entering written findings to justify the deviation.

  • The Law Offices Of Jorge Luis Flores, LLC v. Cruz & Associates

    Publication Date: 2018-02-16
    Practice Area: Administrative Law | Attorney Compensation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Ricardo DeMedeiros (The Law Office of Rick J. DeMedeiros, PC), Conyers, for appellant.
    for defendant: Ronald Pellitero (Cruz & Associates), Atlanta, for appellee.

    Case Number: A17A1983

    The trial court erred in reversing the Appellate Division of the State Board of Workers Compensation's decision affirming an award of attorney fees to former counsel in a worker's compensation case because, applying the appropriate standard of review, there was sufficient evidence below to support the award of attorney fees.

  • Jordan v. The State

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: David Walker (Appellate Division-GPDC), Macon, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.

    Case Number: A17A1580

    The evidence supported defendants' convictions for armed robbery and the trial court did not abuse its discretion in refusing to postpone the proceedings until a new jury venire could be convened after defendants failed to timely return to court after lunch and the trial court issued bench warrants for their arrest in the presence of the prospective jurors.

  • Healthy-It, LLC et al. v. Agrawal et al.

    Publication Date: 2018-02-07
    Practice Area: Business Torts | Contracts
    Industry: Biotechnology | Health Care
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Ney Hoffecker Peacock & Hayle, Michael R. Peacock, for appellants.
    for defendant: Arnall Golden Gregory, Stephen M. Dorvee, for appellees.

    Case Number: A17A1257

    The Court partially reversed the trial court's order partially granting and partially denying parties' motions for summary judgment in a case arising from the breakup of a joint venture company.

  • Zarouk v. The State

    Publication Date: 2018-01-30
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Cameil Reddick (Metro Conflict Defender), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Kevin Armstrong (Office of the District Attorney), Atlanta, for appellee.

    Case Number: A17A1922

    The trial court did not clearly err in denying defendant's motion for acquittal and discharge based on his demand for a speedy trial pursuant to O.C.G.A. § 17-7-170, because defendant failed to carry his burden to show that the demand for a speedy trial was pending for two terms of court during which there were juries impaneled and qualified to try his case.