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  • Moulton v. Wood

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ralph L. Phillips, Dawson, for appellant.
    for defendant: . Howard J. Stiller, Albany, and Christopher L. Meachum Meachum & Earley PC, Columbus, for appellees.
    Case Number: A03A2316

    The record presumably support the trial court's judgment where the plaintiff omitted material evidence from the record on a

  • The Clo White Co. v. Lattimore

    Publication Date: 2003-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William S. Cowsert, Athens, and Mark W. Wortham Hicks, Casey, Barber PC, Marietta, for appellant.
    for defendant: Raymond V. Giudice and Mark E. Bussey Bussey & Giudice, Atlanta, for appellee. Other party representation: J. Edward Allen Jr. Fortson, Bentley & Griffin PA, Athens.
    Case Number: A03A1366

    Some evidence showed that defendant's employee was on his cell phone and calling his employer when he was involved in a motor vehicle accident with the plai

  • Karoly v. Kawasaki Motors Corp. U.S.A.

    Publication Date: 2003-01-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Paul R. Jordan Lawson, Davis, Pickren & Seydel LLP, Atlanta, for appellant.
    for defendant: . Robert P. Catlin III Coleman & Dempsey, Atlanta, and Richard A. Brown Jr. Whelchel, Brown, Readdick & Bumgartner, Brunswick, for appellees.
    Case Number: A02A1854

    The plaintiffs could not challenge the trial court's failure to give a requested charge on risk-utility for the first time on a

  • Strom v. London

    Publication Date: 2002-11-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas S. Carlock and Alwyn R. Fredericks Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellant.
    for defendant: . David W. Davenport and Katherine A. Eichelberger Lemar, Archer & Cofin LLP, Atlanta, for appellee.
    Case Number: A02A1480

    The court dismissed the appellants' appeal for failure to file enumerations of

  • Bodne v. Bodne

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Pamela J. Gray, Hope C. Allen and John C. Mayoue Warner, Mayoue & Bates PC, Atlanta, for appellant.
    for defendant: James M. Allison Jr., Douglasville, for appellee.
    Case Number: A02A1380

    The primary custodian's remarriage and move out of state did not, in and of itself, constitute change in conditions authorizing a change in cu

  • Lott v. Arrington & Hollowell PC

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James W. Penland, Atlanta, for appellant.
    for defendant: Gary W. Diamond and Stanley E. Foster Hollowell, Foster & Gepp PC, Atlanta, for appellee.
    Case Number: A02A1068; A02A1069

    The trial court had authority to change its interlocutory garni order and release excess funds that were improperly deposited into the court registry after the term of court in which the garn

  • Automated Solutions Enters. Inc. v. Clearview Software Inc.

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas R. Cauthorn III, Melissa M. Nohr Cauthorn & Assocs. and Vanice H. Sikes Jr., Marietta, for appellant.
    for defendant: T. Bart Gary and Stuart W. Gray Freeman, Mathis & Gary LLP, Atlanta, for appellees.
    Case Number: A02A0728

    No confidential relationship existed between the parties since their relationship, although close and lengthy, was merely a business relationship between two independent con

  • Thompson v. Ledbetter

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Salvatore J. Serio Serio & Swilley, Conyers, for appellant.
    for defendant: J. Edward Allen Jr. Fortson, Bentley & Griffin PA, Athens, for appellees.
    Case Number: A01A2494

    The trial court erred by directing a verdict for the defendant in plaintiff's personal injury suit where the evidence showed that defendant's employee had driven defendant's truck on several prior o

  • Lakeside Invs. Group Inc. v. Allen

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephen P. Fuller Davidson & Fuller, Duluth, for appellant.
    for defendant: Ronald F. Negin, Paul B. Frickey and John P. O'Brien Thompson, O'Brien, Kemp & Nasuit PC, Norcross, for appellee.
    Case Number: A01A1685

    A broker's alleged misrepresentations about the zoning status of certain property could not serve as basis for a fraud action because the property's zoning status was a matter of law and public r

  • Pike Nurseries Inc. v. Allen

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles B. Waters Jr. Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellant.
    for defendant: James B. Gurley Gurley Prof'l Assoc., Atlanta, for appellees.
    Case Number: A01A2358

    Plaintiffs could not recover for their emotional distress arising out of the injuries their 5-year-old sustained when a concrete display fountain fell on her because the parents suffered no physical