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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

  • Royal v. Georgia Farm Bureau Mut. Ins. Co.

    Publication Date: 2015-10-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Matthew Hennesy Farrar, Hennesy, Tanner, Douglas, for appellant.
    for defendant: Brian Miller and John Smith Young, Thagard, Hoffman, Smith Lawrence, Valdosta, for appellee. Other party representation: Jennifer Herzog and Anthony Rowell Hall Booth Smith PC, Tifton.
    Case Number: A15A1250

    The plaintiff was excluded from coverage under his employer's auto insurance policy because he was an employee, rather than an independent contractor, at the time of the accident at

  • 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

  • Futch v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Aleta D. Larger The Larger Law Firm, and William W. Turner III, Nashville, for appellant.
    for defendant: Catherine H. Helms, District Attorney, and Jennifer D. Hart, Assistant District Attorney, Nashville, for appellee.
    Case Number: A11A2339

    Direct and circumstantial evidence established that Futch killed his neighbor's dog without justific

  • 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

  • Webb v. Day

    Publication Date: 2005-06-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas L. Kirbo III Kirbo, McCalley & Forehand, Moultrie, for appellant.
    for defendant: Richard B. North Jr., Michael V. Herskowitz Nelson, Mullins, Riley & Scarborough, Atlanta, and James B. Thagard Young, Thagard, Hoffman, Scott & Smith, Valdosta, for appellees.
    Case Number: A05A0367

    Evidence that the defendant used a forklift in an unsafe m was not evidence that a third party would use the forklift in the same unsafe m