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  • Brasher v. US Xpress Enters. Inc.

    Publication Date: 2014-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ronald Conner Morgan & Morgan PA, Atlanta, for appellant.
    for defendant: David White and Christopher Quin Richter, Head, Shinall & White LLP, Atlanta, for appellee. Other party representation: Douglas Witten State Bd. of Workers' Compensation, Atlanta.
    Case Number: A14A0597

    The ALJ erred in appointing a certain doctor as the workers' compensation claimant's treating phys

  • BAC Home Loans Servicing LP v. Wedereit

    Publication Date: 2014-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Monica Gilroy, Emily Cobb, and Tania Trumble Dickenson Gilroy LLC, Alpharetta, for appellant.
    for defendant: Sam Nicholson Nicholson Revell LLP, Augusta, for appellee.
    Case Number: A14A0131

    The defendant failed to give the plaintiff proper notice pursuant to the terms of the security deed prior to accelerating the plaintiff's loan and foreclosing on the pro

  • Evans v. State

    Publication Date: 2014-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A14A0513

    Evidence of similar transactions involving crimes that were almost identical to the crimes in this case were admissible to show identity, plan, scheme and bent of

  • Patel v. Patel

    Publication Date: 2014-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Roy Banerjee and Angelina Kim Kumar Prabhu Patel & Banerjee LLC, Atlanta, for appellant.
    for defendant: . Frank Goldman, Parag Mehta, Atlanta, and M. Joseph Reitman Jr. Lambert & Reitman, Madison, for appellees.
    Case Number: A14A0548

    The trial court erred in granting the plaintiffs' motion to enforce a settlement agreement because a question of fact remained as to the capacity in which the individual defendant, president of the

  • Combs v. State

    Publication Date: 2014-01-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A2415

    The Department of Corrections, not the court, has the duty to award a defendant credit for time served prior to

  • Hickey v. State

    Publication Date: 2013-12-30
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Russell Walker, Perry, for appellant.
    for defendant: George Hartwig, District Attorney, Perry, and Venita McCoy, Assistant District Attorney, Warner Robins, for appellee.
    Case Number: A13A2365

    Evidence about how a detention center handled the defendant and another detainee after the two detainees got into a fight was not relevant to a determination of the defendant's intent or lack thereo

  • Thornton v. State

    Publication Date: 2013-12-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jonathan Kester and Jackie Patterson, Atlanta, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.
    Case Number: A13A1867

    The evidence clearly showed that the name listed on the indictment was another name by which the defendant was known, thus the indictment was not fatally defe

  • Dell v. Dell

    Publication Date: 2013-11-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1068

    The trial court's order terminating the mother's parental rights and granting the stepmother's adoption petition was defi

  • Patel v. Ameris Bank

    Publication Date: 2013-10-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bryan Knight Knight Johnson LLC, Atlanta, for appellant.
    for defendant: . Larry Mayfield Smith, Welch & Brittain LLP, Barnesville, and John Webb, Stockbridge, for appellee.
    Case Number: A13A1099

    The trial court properly found that the appellee bank was the holder of the appellants' guaranties of a promissory

  • Endover Palisades LLC v. Stuart

    Publication Date: 2013-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Garrett Nye and Gus Small Cohen Pollock Merlin & Small, Atlanta, for appellant.
    for defendant: Robert Brennan and Rajesh Shah Parker Hudson Rainer & Dobbs LLP, Atlanta, for appellee.
    Case Number: A13A1347

    The trial court was not authorized to set aside the judgment for lack of personal jurisdiction based on insufficient service without first determining whether the appellee waived the defense when an