Filter This View

  • Williams v. Martin

    Publication Date: 2005-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jeffrey L. Shaw, Atlanta, for appellant.
    for defendant: Ronald L. Cundy Rumsey & Ramsey, Atlanta, for appellee.
    Case Number: A05A0708

    The plaintiff could not create a jury question after resting her case by raising the issue of commingling of funds for the first

  • Haralson v. John Deere Co.

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark A. Kelley Kitchens, Kelley, Gaynes PC, Atlanta, for appellant.
    for defendant: Candace N. Smith and Paul J. Kaplan Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A03A0583

    A signature, together with the terms "undersigned" and "Guarantors" sufficiently identified the defendant as the guarantor and satisfied the writing requirement of O.C.G.A. § 13-5

  • Flowers v. Union Carbide Corp.

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Christian H. Hartley Richardson, Patrick, Westbrook & Brickman LLC, Charleston, S.C., and Clinton W. Sitton Jones, Martin, Parris & Tessener, Raleigh, N.C., for appellant.
    for defendant: . J. Bruce Welch Hawkins & Parnell, Sara S. Turnipseed Nelson, Mullins, Riley & Scarborough, Dow N. Kirkpatrick II and Elizabeth A. Price Alston & Bird, Atlanta, for appellee.
    Case Number: A04A1854

    The trial court properly excluded deposition testimony from a former employee of a company that may have used asbestos in manufacturing a product to which the decedent was occupationally exposed, si

  • Aon Risk Servs. Inc. of Ga. v. Commercial & Military Sys. Co. Inc.

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Theodore J. Sawicki, Scott P. Hilsen and Regina S. Molden Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . Edward J. Tarver and Patrick C. Smith Jr. Hull, Towill, Norman, Bartlett & Salley, Augusta, for appellee.
    Case Number: A04A0913; A04A0917

    Unauthenticated letters were inadmissible under the business records exception to the hearsay rule where the author was not available for cross-examin

  • Blazer v. State

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John L. Latham Alston & Bird, and Steven H. Sadow, Atlanta, for appellant.
    for defendant: Carmen D. Smith, Solicitor General, Jody L. Peskin, Assistant Solicitor General, and Richard N. Elliott Sr. Fulton County Solicitor's Office, Atlanta, for appellee.
    Case Number: A04A0228

    Some evidence supported the trial court's finding that the defendant did not reasonably believe that the force he used to remove a patron from the restricted area of his business was nece

  • In re Butterfield

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Steven E. Phillips, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A03A1919

    The manner in which cross-examination is organized should be left to the attorney's discr

  • Haralson v. John Deere Co.

    Publication Date: 2003-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark A. Kelley Kitchens Kelley Gaines PC, Atlanta, for appellant.
    for defendant: Candice N. Smith and Paul J. Kaplan Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A03A0583

    A guaranty was unenforceable where an illegible signature was the only identification of the promisor in the agre

  • Mathis v. Orkin Exterminating Co. Inc.

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Arthur S. Archibald, Athens, for appellant.
    for defendant: . Andrew J. Hill III Blasingame, Burch, Garrard, Bryant & Ashley, Athens, and Christopher G. Conley, Blasingame, Burch, Garrard, Bryant & Ashley, Greensboro, for appellee.
    Case Number: A01A2114

    A non-solicitation clause prohibiting a former employee from engaging in the pest control business within a specified territory for two years following the termination of his employment with the pl

  • Kmart Corp v. Merriweather

    Publication Date: 2002-03-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James C. Grant, Nowell D. Berreth and Jeffrey J. Swart Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . John B. Levy and Michael Weinstock Weinstock & Scavo PC, Atlanta, for appellees.
    Case Number: A01A2298

    The Court could not consider defendants' challenge to the sufficiency of the evidence because they failed to include all of the evidence presented at trial in the appellate r

  • Exum v. Melton

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Converse Bright, Valdosta, and William Q. Bird Bird, Ballard & Still, Atlanta, for appellant.
    for defendant: . Thomas S. Chambless and Charles K. Wainright II Watson, Spence, Lowe & Chambless, Albany, for appellees.
    Case Number: A00A0846

    Although venue vanished when plaintiffs dismissed the only resident defendant, the trial court retained jurisdiction to consider defendant's motion to dismiss due to insufficiency of service of pr