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  • The City of College Park et al. v. The City of Sandersville

    Publication Date: 2021-11-17
    Practice Area: Contracts | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Winston Denmark, Valorri Jones, (Fincher Denmark LLC), Jonesboro, Bryan Tyson, Bryan Jacoutot, Loree Paradise, (Taylor English Duma LLP), Atlanta, Danielle Matricardi, Aliayah Baaith, (Fincher Denmark, LLC), Atlanta, Rebecca Woods, (Seyfarth Shaw, LLP), Atlanta, for appellant.
    for defendant: Keenan Howard, (Assistant Solicitor General), Athens, Edward Wasmuth, Leah Sears, (Smith, Gambrell & Russell), Atlanta, Bob Langstaff, (Langstaff Law LLC), Albany, for appellee.
    Case Number: A21A1048

    Testimony of Whether City Council Approved Contract Is Admissible As It Is Not Concerning Legislative Intent

  • Walton v. The State

    Publication Date: 2021-11-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: James Luttrell, (Attorney at Law), Canton, for appellant.
    for defendant: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney), Douglasville, for appellee.
    Case Number: A21A1050

    Trial Court Was Authorized to Conclude That Defendant's Uncorroborated Testimony About Having a Seizure Before Entering Guilty Plea Was Not Credible

  • McClure v. The State

    Publication Date: 2021-11-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Lynn Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A21A0942

    Court affirms convictions for child molestation and related crimes over defendant's contentions of ineffective assistance of counsel related to alleged evidentiary errors

  • Tucker et al. v. Crystal Clear Luxury Pools, Inc.

    Publication Date: 2021-11-05
    Practice Area: Civil Appeals | Contractual Disputes
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Eli Tucker, Jefferson, Crystal Tucker, Jefferson, for appellant.
    for defendant: Donald Osborne, (Attorney at Law), Norcross, for appellee.
    Case Number: A21A1239

    Appellants' Pro Se Brief Lacked Necessary Argument and Citations to Authority

  • Rabun County Board of Education v. Randel

    Publication Date: 2021-11-01
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Brian Smith, (Attorney at Law), Gainesville, for appellant.
    for defendant: Kristine Brown, (Orr, Brown & Billips, LLP), Gainesville, for appellee.
    Case Number: A21A0753

    Court reverses superior court decision that a Board of Education denied a terminated teacher's due process rights and remands for further proceedings

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Universal Industrial Gases, Inc. v. Action Industries, Inc. et al.

    Publication Date: 2021-10-25
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Howard Strickland, Barret Kirbo, (Jones Cork, LLP), Macon, for appellant.
    for defendant: David Merbaum, (Merbaum & Becker, P.C.), Alpharetta, Andrew Becker, (Merbaum Law Group, P.C.), Alpharetta, Jefferson Slagle, (Thompson & Slagle, LLC), Johns Creek, Eules Mills, Eules Mills, (Mills, Paskert Divers, P. C.), Tampa, Brent Beaver, Zechariah Anderson, Brent Beaver, (Mills Paskert Divers), Atlanta, for appellee.
    Case Number: A21A1183

    No Showing Made That Out-of-State Corporation Needed Authority to do Business in Georgia For Purpose of Standing to Sue

  • Pascal v. Pino

    Publication Date: 2021-10-20
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Crystal Wright, (Crystal Wright Law, LLC), Atlanta, for appellant.
    for defendant: David Ward, (The Ward Law Firm, PA), Lawrenceville, for appellee.
    Case Number: A21A0913

    Court vacates trial court order modifying custody arrangements where a party did not file a complaint or counterclaim seeking that form of relief.

  • Stanton v. Griffin

    Publication Date: 2021-10-19
    Practice Area: Premises Liability
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jeremy Citron, (Attorney at Law), Atlanta, for appellant.
    for defendant: Jeffrey Brown, (Brown & Adams, LLC), Columbus, Brooke Sexton, Atlanta, for appellee.
    Case Number: A21A0845

    Court affirms summary judgment for landowner in a premises liability case where the injured party was a licensee and not an invitee on the property

  • Schock v. Holy Trinity Catholic Church et al.

    Publication Date: 2021-10-13
    Practice Area: Premises Liability
    Industry: Non-Profit
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Graylin Ward, (Attorney at Law), Newnan, for appellant.
    for defendant: Dana Richens, (Smith, Gambrell & Russell, LLP), Atlanta, Tiffany Winks, Caroline Jozefczyk, (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: A21A0998

    Court affirms summary judgment in favor of a charitable organization on plaintiff's slip-and-fall claim, finding that the claim was barred by the Recreational Property Act

  • U. S. Bank Trust National Association as Delaware Trustee et al. v. Chieftain Atlanta, L. P.

    Publication Date: 2021-10-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Sean Quirk, (Shapiro Pendergast & Hasty, LLP), Atlanta, for appellant.
    for defendant: James Blum, (Blum & Campbell, LLC), Peachtree Corners, for appellee; Jasmyne Jackson, Macon, Jacorrey Howard, Macon, for other party.
    Case Number: A21A0796

    Court reverses denial of summary judgment for a holder of a first security interest in a property where a forged cancellation had purportedly cancelled the holder's lien