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  • Harris v. The State

    Publication Date: 2024-01-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Angela Coggins, Macon, for appellant.
    for defendant: Rodrigo Silva, William Kendall, (District Attorney’s Office, Houston Judicial Circuit), Perry, for appellee.
    Case Number: A23A1258

    Court affirms school bus driver's conviction for vehicular homicide over her contentions of juror misconduct regarding the jurors' receipts of extrajudicial information

  • Daniel v. Daniel

    Publication Date: 2022-03-29
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Samuel Rusbridge, (Dyer & Rusbridge, P.C.), Canton, for appellant.
    for defendant: John Burns, (Burns Law Group, PC), Canton, for appellee.
    Case Number: A22A0164

    Contempt Cannot Be Used as Punishment For Failure to Pay Court Order to Pay Money Damages

  • Harvey et al. v. Williams

    Publication Date: 2020-05-08
    Practice Area: Civil Appeals | Damages | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander, (Holland & Knight, LLP), Atlanta, Roger Harris, Douglas Clayton, (Swift, Currie, Mcghee & Hiers, LLP), Atlanta, Bruce Kirbo, (Attorney at Law), Bainbridge, for appellant.
    for defendant: William Erwin, Alfred Powell, (Powell & Erwin, P.C.), Camilla, W. McCall, Henry Williams, (Mccall WILLIAMS, LLC), Albany, Gregory Williams, (The Law Offices of Gregory Terrell Williams LLC), Camilla, for appellee.
    Case Number: A19A2217

    Plaintiff's Closing Argument Violated Trial Court's Admonition Not to Enflame Jurors' Emotions

  • Mullinax et al v. Pilgrim's Pride Corporation

    Publication Date: 2020-04-17
    Practice Area: Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Anna Cross, Darren Summerville, Maxwell Thelen, (The Summerville Firm, LLC), Atlanta, Peter Law Elizabeth Rose, (Law & Moran), Atlanta, for appellant.
    for defendant: Jason Darneille, John Wooten, (Gower Wooten & Darneille, LLC), Atlanta, for appellee. Derek Mendicino, (Penna & Mendicino), Conyers, Jacob Daly, (Freeman, Mathis & Gary, LLP), Atlanta, for other party.
    Case Number: A19A1899

    Court affirms summary judgment as to one defendant but reverses as to two other defendants in a wrongful death case

  • York et al. v. Athens College of Ministry, Inc. et al.

    Publication Date: 2018-11-29
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Ellison, (Cowsert Heath, LLP), Athens, for appellant.
    for defendant: James Warnes, (Timmons Warnes, LLP), Athens, Thomas Mitchell, (Carothers & Mitchell, LLC), Buford, for appellee. Brian Daughdrill, (Roberts & Daughdrill, P.C.), Atlanta, for amicus curiae.
    Case Number: A18A0934

    Recipient of special use building permit waived its right to object to a resident's challenge to the issuance of that permit.

  • Glover v. Georgia Power Company

    Publication Date: 2018-10-11
    Practice Area: Motor Vehicle Torts
    Industry: Energy
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jesse Bowles, (Attorney at Law), Cuthbert, Joseph Durham, Donald Lee, (Lee Durham, LLC), Albany, for appellant.
    for defendant: Hugh McNatt, (Balch & Bingham LLP), Vidalia, George Carley, (Carley, Gregory & Gregory) Decatur, for appellee. Raleigh Rollins, (Alexander & Vann LLP), Thomasville, for Other Party.
    Case Number: A18A1005

    Court Affirms Summary Judgment in Favor of Power Company Facing Allegations That It Failed to Provide Sufficient Lighting on Highway and Caused Fatal Accident

  • Emanuel, et al. v. Kautz

    Publication Date: 2017-11-21
    Practice Area: Civil Procedure | Government
    Industry: State and Local Government
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Anthony Powell, Wesley Ross, Joseph Emanuel (Webb, Tanner & Powell, PC.), Lawrenceville, for appellant.
    for defendant: Phyllis Miller (Attorney at Law), Lawrenceville, for appellee. Zahra Karinshak (Krevolin & Horst, LLC), Atlanta; S. Tate (Akin & Tate), Cartersville, for other party.
    Case Number: A17A1284

    The trial court properly awarded appellate attorney fees to Snellville mayor after she successfully appealed the trial court's decision in her declaratory judgment action against the members of the City Council in which she sought a declaration that she had sole authority to terminate the employment of the city attorney.

  • The State v. Peabody

    Publication Date: 2017-11-20
    Practice Area: Criminal Appeals | Government
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Lara Snow (Cherokee County D.A.'S Office), Canton; Shannon Wallace (District Attorney), Canton, for appellant.
    for defendant: David Willingham (Willingham Law Firm, P.C.), Marietta, for appellee.
    Case Number: A17A1258

    The trial court properly granted former lieutenant's motion to quash an indictment against him for two counts of aggravated cruelty to animals in connection with the hot-car death of his K-9 dog because he was acting within the scope of his official job duties when the alleged crimes occurred and he was therefore entitled to the protections afforded by O.C.G.A. § 17-7-52, including timely notice of the grand jury proceeding and a copy of the proposed indictment, but State failed to comply with those statutory mandates.

  • George v. Hercules Real Estate Servs. Inc.

    Publication Date: 2017-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Andrew Rogers, William D'Antignac, Gilbert Deitch Deitch Rogers LLC, Kara Phillips Lewis Brisbois Bisgaard Smith LLP, Atlanta, and David Glass, Marietta, for appellant.
    for defendant: James Myers, Brynda Insley Insley Race LLC, and Gregory Shin Nowell Sparks LLC, Atlanta, for appellee.
    Case Number: A16A1090

    The trial court properly granted summary judgment to apartment management company in plaintiff's premises liability suit arising after unknown assailants shot him during a home invasion, as there wa

  • McRae v. Arby's Restaurant Group Inc.

    Publication Date: 2011-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Lawrence T. Clements and Bruce P. Johnson Clements & Sweet, Atlanta, for appellant. James H. Chandler, Andrew J. Hamilton Hamilton, Westby, Antonowich & Anderson, Atlanta, Thomas A. Eaton, Athens, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation and Todd K. Maziar, Atlanta.
    for defendant:
    Case Number: A11A1021

    Nothing in the Workers' Compensation Act requires an employee to authorize her treating physician to talk to her employer's lawyer ex parte in exchange for receiving benefits for a compensable i