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  • Fulton Cnty. Bd. of Educ. v. D. R. H.

    Publication Date: 2013-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Neeru Gupta and Suzann Jiles Nelson Mullins Riley & Scarborough LLP, Atlanta, for appellant.
    for defendant: Stephen Reba Barton Child Law and Policy Center, Atlanta, for appellee. Amicus Curiae: Shelly Anand Georgia Legal Services Program, Atlanta, and Phillip Hartley, Gainesville.
    Case Number: A13A1636

    The superior court erred in directing the State Board of Education to vacate the adjudication of the County Board of Education, as it failed to confine its review to the record or the issues raised

  • Cody v. State

    Publication Date: 2013-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Robert James, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A13A0837

    The trial court properly admitted the defendant's police statement at his trial for sexually abusing his son's half-s

  • Jones v. Morris

    Publication Date: 2013-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Christian Henry, Madison, for appellant.
    for defendant: John Strauss, Covington, for appellees.
    Case Number: A13A1651

    The trial court did not abuse its discretion in enjoining the defendant property owner from pumping water from a pond in the parties' subdivision in order to irrigate her lawn, as such was inconsist

  • State v. Dague

    Publication Date: 2013-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Garry Moss, Shannon Wallace, District Attorneys, Holly Varner, and Cliff Head, Assistant District Attorneys, Canton, for appellant.
    for defendant: Patrick Longhi, Atlanta, for appellee.
    Case Number: A13A0910

    The trial court erred in finding that child hearsay was admitted in violation of the defendant's Sixth Amendment right to confront the victim, as defense counsel failed to object to the testimony on

  • Deleon-Alvarez v. State

    Publication Date: 2013-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1000; A13A1001; A13A1002

    Evidence obtained from a lawful traffic stop, telephone surveillance and a search of one defendant's residence supported the three defendants' convictions for kidnapping for r

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    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Dodds v. Dabbs, Hickman, Hill & Cannon LLP

    Publication Date: 2013-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1273; A13A1292; A13A1518

    The plaintiff did not establish that he rescinded or attempted to rescind the parties' settlement agreement and his release, as he made no showing that he restored or offered to restore to the defen

  • Penso Holdings Inc. v. Cleveland

    Publication Date: 2013-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Richard Capriola and David Weinberg Winter Capriola Zenner LLC, Atlanta, for appellant.
    for defendant: . David Hudson Hull Barrett PC, Augusta, James Hurt Hurt Stolz PC, Athens, and George DiGiorgio Cory, Watson, Crowder & Degaris PC, Birmingham, Ala., for appellee.
    Case Number: A13A0957

    The arbitration clause in the parties' debt settlement agreement showed that the parties intended to submit the type of claim in dispute to an arbit

  • Brown v. State

    Publication Date: 2013-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jimmonique Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Rebecca Wright, District Attorney, Madonna M. Little, Assistant District Attorney, and Titus Nichols District Attorney's Office, Augusta, for appellee.
    Case Number: A13A1440

    The trial court erred in rejecting the defendant's negotiated plea agreement without first informing him that it intended to do so prior to sentencing as U.S.C.R. 33.10 req

  • Singleton v. State

    Publication Date: 2013-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Edgar Callaway, Conyers, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, for appellee.
    Case Number: A13A1221

    Under the totality of the circumstances, there was no substantial likelihood that the victim irreparably misidentified the defendant as one of two men who robbed him at gun

  • Morast v. State

    Publication Date: 2013-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John Petrey, Decatur, for appellant.
    for defendant: Daniel Porter, District Attorney, Lawrenceville, and James Carmichael, Assistant District Attorney, Hartwell, for appellee.
    Case Number: A13A1178

    The evidence supported the mother's convictions for child cruelty, since the record showed that she knew about the injuries inflicted upon her child over period of 13 months, yet she failed to inter