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  • Woodruff v. Choate

    Publication Date: 2015-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Alan Mullinax, Lawrenceville, for appellant.
    for defendant: Renee Neary Alston Bird, and John Mayoue, Atlanta, for appellee.
    Case Number: A15A0452

    The Court had jurisdiction over the appeal, as the order awarding attorney fees disposed of all the claims in the child custody modification action and was thus a final judgment subject to direct ap

  • Lion Antique Cars Invs. Inc. v. Tafel

    Publication Date: 2015-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Andrew Capezzuto Georgia Department of Economic Development, and Michael King Greenberg Traurig LLP, Atlanta, for appellant.
    for defendant: William Hughes and Erica Harrison Alston Bird LLP, Atlanta, for appellee.
    Case Number: A15A0184

    Lion Antique Cars Investments, Inc. Lion brought suit against its former business associate, Jim Tafel, to recover two Ferrari race cars. In the cou

  • Kovacs v. Cornerstone Nat'l Ins. Co.

    Publication Date: 2012-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard Sanders, Savannah, for appellant.
    for defendant: Jason Darneille Crim & Bassler LLP, Atlanta, for appellee. Other party representation: Joshua Lockhart and Michelle Lockhart, Savannah, proceeded pro se.
    Case Number: A12A0821

    The automobile insurer was not required to provide coverage in the underlying injury suit, which arose after the insured's son hit a pedestrian in a covered vehicle, as the policy's unlisted househo

  • Hernandez Auto Painting & Body Works Inc. v. State Farm Mut. Auto. Co.

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mason White Brennan, Harris & Rominger, Savannah, Kyle G. Wallace Alston & Bird LLP, Atlanta, and Robert H. Schultz Jr. Heyl, Royster, Voelker & Allen PC, Edwardsville, Ill., for State Farm. Robert B. Turner, Stanley Karsman Savage, Turner, Pinson & Karsman, Christopher D. Britt Tate Law Group LLC, Savannah, for Hernandez Auto. Other party representation: William V. Custer IV Bryan Cave LLP, Atlanta.
    for defendant:
    Case Number: A11A0962; A11A0963

    The trial court erred in denying the defendants' motion to dismiss the plaintiff's claim for trade libel, as Georgia does not recognize such a

  • Georgia Dep't of Revenue v. Trawick Constr. Co. Inc.

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Warren R. Calvert, Senior Assistant Attorney General, and Lourdes Gonzalez, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Robert G. Brazier and Michael S. Evans Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Atlanta, for appellee. Other party representation: Timothy J. Peaden Alston & Bird, Atlanta.
    Case Number: A08A2323

    The gain from a sale of one company to another was excluded from Georgia taxable income, because O.C.G.A. § 48-7-21 applies only to elections made by corporate tax payers and the § 338 h 10 electio

  • Georgia Dep't of Revenue v. Trawick Constr. Co. Inc.

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Warren R. Calvert, Senior Assistant Attorney General, and Lourdes Gonzalez, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Robert G. Brazier and Michael S. Evans Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Atlanta, for appellee. Other party representation: Timothy J. Peaden Alston & Bird, Atlanta.
    Case Number: A08A2323

    The ALJ's role in an inter agency appeal arising from the assessment of additional taxes was to act as the representative of the Revenue Department and to make a recommendation to the commiss

  • Flexible Products Co. v. Ervast

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Patrick C. DiCarlo Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . Douglas R. Kertscher Hill, Kertscher & Wharton LLP, Atlanta, for appellee.
    Case Number: A06A2395

    The trial court erred in failing to direct a verdict as to the plaintiff's claims for ordinary negligence, since Georgia's business judgment rule forecloses liability for the ordinary negligence of

  • 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