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  • Scarpaci v. Kaufman

    Publication Date: 2014-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Darren Summerville Summerville Moore PC, Omar Zamora, Atlanta, and Richard Shapiro Shapiro Law Group PA, Bradenton, Fla., for appellant.
    for defendant: . Melissa Johnson, Robert Monyak Peters & Monyak LLP, Wayne McGrew, and Rebecca Wall Carlock, Copeland & Stair LLP, Atlanta, for appellees.
    Case Number: A14A0505

    The trial court manifestly abused its discretion in denying the plaintiffs' motion to strike for cause a prospective juror who indicated on voir dire that she was biased in favor of the defen

  • First Am. Title Ins. Co. v. DJ Mortg. LLC

    Publication Date: 2014-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas Barton and Aaron Tady Coles & Barton LLP, Lawrenceville, for appellant.
    for defendant: John Clark Clark Caskey LLC, Atlanta, for appellee.
    Case Number: A14A0545

    Disputed issues of fact remained in the title insurance company's action seeking a declaration that claims filed under certain policies were excluded from cov

  • Ansell v. Ansell

    Publication Date: 2014-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0308; A14A0309

    The trial court erred in ordering the father, over his objection, to cooperate with the mother in obtaining a renewal of their minor child's expired pas

  • Postell v. Alfa Ins. Corp.

    Publication Date: 2014-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0695

    The trial court erred in dismissing the plaintiffs' appeal without making the findings of fact required under O.C.G.A. § 5-6-48 subsect

  • LRD LLC v. State Bank Trust Co.

    Publication Date: 2014-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1728; A13A1729

    The trial court properly confirmed the foreclosure of two parcels of real property, as some evidence supported its findings regarding the parcels' true market values on the date of the

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

    View this Book

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  • State v. Gauthier

    Publication Date: 2014-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Rosanna Szabo, Solicitor General, Lawrenceville, and James Grant Jaffe & Haug, Atlanta Trial Lawyers Group LLC, Atlanta, for appellant.
    for defendant: Stephen Adkins, Hoschton, for appellee.
    Case Number: A13A2430

    The original officer on the scene needed no reasonable articulable suspicion to approach the DUI defendant in her vehicle at 2:56 a.m. in a parking spot next to a closed business, ask for identifica

  • L. D. F. Family Farm Inc. v. Charterbank

    Publication Date: 2014-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: J. Mark Brittain, Stockbridge, for appellant.
    for defendant: . Mark Golder Siegel & Golder, Atlanta, for appellee.
    Case Number: A13A2478

    Parol evidence offered by the defendants in support of their good faith and fair dealing defense was inadmissible to vary the clear and unambiguous written terms of the promissory

  • Mackey v. State

    Publication Date: 2014-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Kelley Dial, Public Defender, Cartersville, for appellant.
    for defendant: Rosemary Greene, District Attorney, and Jana Allen District Attorney's Office, Cartersville, for appellee.
    Case Number: A13A1838

    The evidence connecting the defendant to the burglary of the store was sufficient for the jury to conclude that the defendant was guilty as a party to the

  • Dean v. State

    Publication Date: 2014-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Brandon Bullard Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Karl Cooke, District Attorney, Garrison Wood, Assistant District Attorney, and Shelley Milton District Attorney's Office, Macon, for appellee.
    Case Number: A13A2099

    The trial court should have merged the aggravated assault and armed ro convictions since the aggravated assault was included in the armed ro

  • Franklin v. State

    Publication Date: 2014-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mickey Roberts, Duluth, for appellant.
    for defendant: Daniel Porter, District Attorney, and Karen Harris, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A13A1911

    There was sufficient evidence to support the State's case against the defendant for marijuana possession, and any evidentiary weaknesses, conflicts or inconsistencies were for the jury to re