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  • Richards v. Wells Fargo Bank NA

    Publication Date: 2014-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1678

    The trial court erred in finding that fendant's motion for leave to file counterclaims was moot since the counterclaims were independent from the grant of summary judgment to the plaintiff and

  • Harris v. State

    Publication Date: 2014-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A2364

    Trial counsel was not deficient for informing the defendant that he was not eligible to be sentenced as a first offender or failing to request sentencing as a first offender, since the defendant was

  • Kimbrough v. State

    Publication Date: 2014-01-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1793

    The defendant's motion to "vacate/correct void sentence" presented no cognizable claim that a life sentence was void, thus the trial court should have dismissed it for lack of jurisdi

  • City of Atlanta v. Mitcham

    Publication Date: 2013-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jin Kim and Laura Burton City of Atlanta, Atlanta, for appellant.
    for defendant: . Shaun Cade McAleer Law Firm PC, Decatur, for appellee.
    Case Number: A13A0912

    Sovereign immunity and official immunity did not apply to the plaintiff's claim that he was injured as a result of the defendants' failure to provide the medical care he needed while he was in their

  • Heard v. State

    Publication Date: 2013-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Timothy Healy and Nina Svoren Healy & Svoren, Toccoa, for appellant.
    for defendant: Robert Lavender, District Attorney, Eberton, David White, District Attorney, Hartwell, and Adam Schroeder, Assistant District Attorney, Carnesville, for appellee.
    Case Number: A13A0853

    The trial court erred in denying the defendant's motion to suppress evidence officers found in his vehicle, as the initial traffic stop for a suspected tag violation was valid but the officer prolon

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • McCormack v. State

    Publication Date: 2013-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lloyd Matthews, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Deah Warren, Assistant District Attorney, and Frances Kuo District Attorney's Office, Jonesboro, for appellee.
    Case Number: A13A1390

    Although evidence authorized the trial court to find that the defendant consented to the officer removing a pill box from his pocket, the State failed to show that the defendant consented to the of

  • In the Interest of T. Z. L.

    Publication Date: 2013-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Rodney Quarles, Chatsworth, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and Cynthia Johnson, Cohutta, for appellee.
    Case Number: A13A1551

    Insufficient evidence supported the finding that the child's deprivation with regard to his incarcerated father would continue upon the father's anticipated release 6-8 months from the date of the t

  • American Radiosurgery Inc. v. Rakes

    Publication Date: 2013-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Aaron Chausmer Chausmer Law LLC, Atlanta, for appellant.
    for defendant: . Joseph White Fried & Bonder LLC, Atlanta, and Robert Fleming Katz Stepp Wright & Fleming LLC, Decatur, for appellee.
    Case Number: A13A1197

    The trial court should have given the defendants the opportunity to fully explain their extreme tardiness in responding to discovery before imposing the harsh sanction of striking their an

  • Wallace v. State

    Publication Date: 2013-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Terence Mooney Stein & Ward, Atlanta, for appellant.
    for defendant: Sandra Wisenbaker, Solicitor General, Stephen Tuggle, Natalie Ashman, Assistant Solicitors General, and Kimberly Sewell Solicitor General's Office, Newnan, for appellee.
    Case Number: A13A0942

    It could not be said that the arresting officer's misinformation to the DUI-defendant about whether his refusal to submit to a state-administered breath test could be used against him was harmless,

  • Kenerly v. State

    Publication Date: 2013-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Trinity Hundredmark and Patrick McDonough Andersen Tate & Carr PC, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Tracie Cason, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A13A1370

    The trial court did not lose jurisdiction to accept the return of a second indictment while the appeal of the first indictment was pe