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  • Chugh Shopping Ctr. Inc. v. Ameris Bank

    Publication Date: 2013-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John Strauss, Covington, for appellant.
    for defendant: Paul Durdaller Stites & Harbison PLLC, Atlanta, for appellee.
    Case Number: A13A0501

    The trial court improperly denied the shopping center's motion to set aside the default judgment granted to the bank based on the failure to satisfy O.C.G.A. § 9-11-60 subsection d 3 without address

  • Martin v. Hamilton State Bank

    Publication Date: 2013-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Virginia Harman and Jackson Harris McRae, Stegall, Peek, Harman, Smith & Manning LLP, Rome, for appellant.
    for defendant: Brad Baldwin Burr & Forman LLP, and Tawana Johnson Busch, Slipakoff & Schuh LLP, Atlanta, for appellee.
    Case Number: A13A0272; A13A0630

    The trial court properly rejected the challenge the defendant made in an emergency motion prior to entry e order on the remittitur in a prior appeal, as the issue raised was not within the scop

  • American Nat'l Holding Corp. v. EMM Credit LLC

    Publication Date: 2013-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Scott King and Steven Lefkoff Jacobs & King LLC, Atlanta, for appellant.
    for defendant: Bret Thrasher Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee. Other party representation: Grace Tillman, Duluth.
    Case Number: A13A0166

    The defendant failed to prove in its motion for summary judgment that a fraudulent transfer claim filed in 2003 regarding the transfer of certain real property in 1996 was time-b

  • Chatham v. State

    Publication Date: 2013-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Harvey Wasserman, Royston, 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: A13A0789

    The magistrate did not have a substantial basis for concluding that probable cause existed to issue a search warrant, as there was no corroboration of a confidential informant's statements which wer

  • Bourassa v. State of Georgia

    Publication Date: 2013-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Marcia Shein and Elizabeth Brandenburg Law Office of Marcia G. Shein PC, Decatur, for appellant.
    for defendant: . Patrick H. Head, D. Victor Reynolds, District Attorneys, Andrew Saliba, Assistant District Attorney, Marietta, and Anna Cross District Attorney's Office, Decatur, for appellee.
    Case Number: A13A0092

    The trial court should have dismissed the State's in rem civil forfeiture action for lack of a timely hearing pursuant to O.C.G.A. § 16-13-49 subsectio

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  • Glenn v. Gibbs

    Publication Date: 2013-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Christopher Rodd Whitehurst Blackburn & Warren, Thomasville, for appellant.
    for defendant: Edward Miller, Atlanta, for appellees.
    Case Number: A13A0585

    The trial court properly granted summary judgment to the def s on the plaintiff's claims arising from her husband's death as a result of a fall from a ladder while trimming tree limbs on the de

  • Hughes v. State

    Publication Date: 2013-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0553

    The trial court did not err in declining to give the defendant's requested c on the defense of accident, as his version of events did not authorize such a c

  • Season All Flower Shop Inc. v. Rorie

    Publication Date: 2013-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sean Hynes and Andrew Curtright Downey & Cleveland LLP, Marietta, for appellant.
    for defendant: M. Khurram Baig The Baig Firm, Norcross, for appellees.
    Case Number: A13A0114

    The defendant was entitled to summary judgment on the plaintiff's slip-and-fall claim, as the plaintiff did not show that the moisture in which she claimed she slipped was a hazardous condition that

  • Davis v. State

    Publication Date: 2013-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Green Moore, Gray, for appellant.
    for defendant: Fredric Bright, District Attorney, Gray, and Alison Burleson, Assistant District Attorney, Madison, for appellee.
    Case Number: A13A0151

    The State failed to establish venue in the theft by deception trial arising from the defendant's receipt of funds sent by wire transfer, as the State failed to demonstrate that the defendant control

  • Johnson v. State

    Publication Date: 2013-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gregory Smith, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A13A0199

    The trial court did not err in admitting a letter the defendant wrote to a witness about the crimes because circumstantial evidence established its authent