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  • Bodne v. Bodne

    Publication Date: 2004-11-05
    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 trial court properly changed primary physical custody of the parties' children from the father to the mother based on the father's decision to move out of state so that he could establish a new

  • Feazell v. Gregg

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert Altman, Atlanta, for appellant.
    for defendant: W. Seaborn Jones and Steven Salcedo Owen, Gleaton, Eagan, Jones & Sweeney LLP, Atlanta, for appellee.
    Case Number: A04A1446

    The trial court erred as a matter of law in setting aside the default judgment for the plaintiff where the defendant failed to meet any of the statutory grounds under O.C.G.A. § 9-

  • Frazier v. State

    Publication Date: 2004-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: W. Keith Barber Allen & Barber PC, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, for appellee.
    Case Number: A04A0172

    The trial court did not harmfully err in charging the jury on both DUI-less safe driver and per se DUI for having a blood-alcohol concentration over .1 grams percent, even though the defendant was o

  • Schultz v. State

    Publication Date: 2004-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bobby L. Cook, Summerville, and Todd M. Johnson, Cohutta, for appellant.
    for defendant: Garry T. Moss, District Attorney, Allen D. Morris and Wallace W. Rogers Jr., Assistant District Attorneys, Canton, for appellee.
    Case Number: A04A0030

    The defendant could not deny performing the acts, which formed the basis of the aggravated child molestation charge, and claim that he committed such acts by mi

  • Bennett v. State

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's, for Bennett. Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for Jacobs. Daniel J. Porter, District Attorney, and Dan W. Mayfield, Assistant District Attorney, Lawrenceville, for appellant.
    for defendant:
    Case Number: A03A2439; A03A2440

    The trial court's error in admitting the defendant's statement in violation of the co-defendant's Sixth Amendment rights under Bruton was harmless, since the evidence against the co-defendant was ov

  • M.J.E.S. Enters. Ltd. v. Martin

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Wayne Pierce Pierce & Young, Atlanta, for appellant.
    for defendant: . David S. Lipscomb, Lawrenceville, for appellee. Other party representation: Jeffrey F. Leasendale Allen & Assocs., Atlanta.
    Case Number: A03A1653

    Plaintiff was not entitled to add two defendants to her personal injury suit after expiration of the statute of limitation because defendants could not have known that, but for some mistake involvin

  • Reichman v. Southern Ear, Nose & Throat Surgeons PC

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark Ford Anderson Dailey LP, Atlanta, for appellant.
    for defendant: Robert C. Threlkeld Morris, Manning & Martin LLP, Atlanta, for appellees. Other party representation: Kara A. Hicks and Paul E. Weathington Allen, Weathington & Reeves, Atlanta.
    Case Number: A03A1994

    The Court construed an ambiguity in the plaintiff's employment contract in his favor as the non-drafting party and held that he was entitled to receive compensation, which he earned through his last

  • Duke v. Bachner

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Wayne Pierce Pierce & Young, Atlanta, for appellant.
    for defendant: . John A. Gilleland Love Willingham Peters Gilleland Monyak, Atlanta, for appellee. Other party representation: Robert G. Tanner Weinberg, Wheeler, Hudgins, Gunn & Dial, and Paul E. Weathington Allen, Weathington & Reeves, Atlanta.
    Case Number: A03A2293

    An assisting physician is not required to obtain the patient's consent prior to assisting in a su

  • M.J.E.S. Enters. Ltd. v. Martin

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Wayne Pierce Pierce & Young, Atlanta, for appellant.
    for defendant: . David S. Lipscomb, Lawrenceville, for appellee. Other party representation: Jeffrey F. Leasendale Allen & Assocs., Atlanta.
    Case Number: A03A1653

    Plaintiff was not entitled to add two defendants to her personal injury suit after expiration of the statute of limitation because defendants could not have known that, but for some mistake involvin

  • Allen v. State

    Publication Date: 2004-02-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Teresa O. Weiner, Jonesboro, for appellant.
    for defendant: Steven L. Harris, Solicitor General, and Lura H. Landis, Assistant Solicitor General, Fayetteville, for appellee.
    Case Number: A03A2526

    The trial court erred in considering defendant's prior DUI nolo in aggravation of his sentence where the form did not show on its face that he was aware of his rights before entering the