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  • In the Interest of K. E. P.

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Joseph Vaknin, Albany, for appellant.
    for defendant: Richard L. Waters Jr., Robert C. Richardson Jr. and Alfred J. Powell Jr., Camilla, for appellee.
    Case Number: A04A1076

    Evidence that the mother did not establish a bond with the child, failed to visit her for over a year and a half, paid no support and was living with a man who had a history of violent behavior and

  • In the Interest of K. W.

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James J. Anagnostakis, Douglasville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Shalen S. Nelson, Senior Assistant Attorneys General, Laura W. Hyman, Assistant Attorney General, Atlanta, T. Michael Flinn, Carrollton, for appellee. Other party representation: Rita F. Cooper, Powder Springs.
    Case Number: A04A1513

    The father's refusal to break off a violent and drug-abusing relationship with the child's mother supported the termination of his parental r

  • Driggers v. Style Crest Products Inc.

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William K. McGowan Franklin, Taulbee, Rushing, Bunce & Brogdon, Statesboro, for appellant.
    for defendant: . Blake E. Lisenby Arnall, Golden Gregory LLP, Macon, for appellee.
    Case Number: A04A0891

    The trial court had no discretion to grant summary judgment without first hearing oral argument, which the defendants properly requested pursuant to Uniform Superior Court Rul

  • Gearin v. State

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lloyd J. Matthews, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A0968

    Cole v. State, 262 Ga. App. 856 2003, is overruled to the extent it states that O.C.G.A. § 17-10-7 a "is not applicable to sentences imposed pursuant to a hearing on a guilty

  • Simpson v. Hyundai Motor Am. Inc.

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Amy M. Budow, Eric C. Fortas, Scott M. Cohen, Adam Krohn and Shireen Hormozdi Krohn & Moss LTD, Atlanta, for appellant.
    for defendant: . Jeremy M. Moeser, Jill C. Kuhn and Charles K. Reed McKenna, Long & Aldridge LLP, Atlanta, for appellee.
    Case Number: A04A1279; A04A1301

    The breach of an express warranty does not occur until the warrantor either refuses to remedy the defects or is unsuccessful in doing so and both plaintiffs acknowledged that they did not return to

  • Fuller v. Cobb County

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Earl A. Davidson, College Park, for appellant.
    for defendant: Stephen D. Morrison Jr. and Deborah L. Dance Cobb County Attorney's Office Marietta, for appellees.
    Case Number: A04A1269

    The trial court properly struck the plaintiff's complaint for failing to provide a more definite statement within 15 days of being ordered to

  • Carlisle v. State

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A0872

    The trial court lacked jurisdiction to try the defendant for offenses, which were nolle prossed, were not reinstated by an order vacating the nolle prosse within the same term of court and were not

  • Holmes v. State

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Lee Sexton and Joseph S. Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A0559

    Concerns for the officer's safety provided a sufficient basis for a Terry pat-down of the defe

  • Bartley v. State

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Patrick G. Longhi, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman and Timothy B. Lumpkin, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A0770

    Defendant entered a pool hall carrying a gun and wearing a ski mask, he demanded money from the owner, placed the gun to the owner's head and pulled the trigger, but the gun failed to

  • Williams v. State

    Publication Date: 2004-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Anne L. Durden, Bartow, for appellant.
    for defendant: William S. Askew, District Attorney, and Mary K. Mitchell, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A04A0194

    The 12-year time-lapse between the similar transaction evi and the charged crimes went to the weight, not the admissibility of the similar transaction evi