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  • Dowis v. State

    Publication Date: 2000-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John A. Roberts Mullman-Roberts LLC, Atlanta, for appellant.
    for defendant: Gerald N. Blaney Jr., Solicitor, and Gary S. Vey, Assistant Solicitor, Lawrenceville, for appellee.
    Case Number: A00A0566

    The defendant was not complying with Georgia's Motorcycle Helmet Law by wearing a cloth ba

  • Cunningham v. State

    Publication Date: 2000-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Peter M. Zeliff, Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy and Keith E. Adams, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A00A0641

    Since the rape kit and blood vials were routinely handled when received by the crime lab and there was no evidence of tampering, the absence of testimony from the recipients of the kit and vials was

  • Ellis v. State

    Publication Date: 2000-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jody D. Peterman Dodd & Dennis PC, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, James E. Hardy, Chief Assistant District Attorney, Thomasville, and Wesley J. Lewis, Assistant District Attorney, Moultrie, for appellee.
    Case Number: A00A0232

    There was sufficient evidence to support the trial court's finding that defendant's Alford plea was made voluntarily and know

  • Dillard v. Denson

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Hilliard P. Burt Burt & Burt PA, Albany, and Edward D. Tolley Cook, Noell, Tolley, Bates & Michael LLP, Athens, for appellant.
    for defendant: Elaine W. Hight, Assistant County Attorney, Athens, for appellees.
    Case Number: A99A2418

    The plaintiffs were not entitled to declaratory relief or mandamus with regard to the denial of their untimely ad valorem tax appeal because they did not file a notice of appeal with the county boar

  • Rabern v. State

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James P. Brown Jr., McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    Case Number: A99A1846

    The state failed to show that the forfeiture of the defendant's home and surrounding acreage was not excessive in comparison with his use of a shed attached to the home to grow 3-inch marijuana p

  • Law Journal Press | Digital Book

    Partnerships, Joint Ventures & Strategic Alliances

    Authors: Stephen I. Glover, Craig M. Wasserman

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  • Georgia Farm Bureau Mut. Ins. Co. v. Vanhuss d/b/a Vanhuss Poultry Farm

    Publication Date: 2000-05-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Craig M. Childs Groover & Childs, Macon, for appellant.
    for defendant: C. Robert Melton Haygood, Lynch, Harris & Melton, Forsyth, for appellee. Other party representation: Harold E. Martin Martin & Martin, Barnesville.
    Case Number: A00A0590

    Insurer's letter initially agreeing to defend its insured in a lawsuit did not estop surer from subsequently denying sured's claim when it determined that the claim was not covered under

  • Cowan v. State

    Publication Date: 2000-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Timothy W. Hoffman, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Maria Murcier-Ashley and Jennifer M. Daniels, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A99A1627

    The defendant was not entitled to a sua sponte alibi defense charge because the court properly charged the jury on the state's burden of proof and the defendant's alibi did not negate the possibili

  • Redfearn v. The Huntcliff Homes Ass'n Inc.

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0804, A00A0805

    Since there was some evidence that the homeowners' association had notice that the defendant was going to construct a 12-foot retaining wall within his property's 25-foot setback, the defendant was

  • Whelan v. Moone

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Inman G. Hodges and Terri M. Yates Oliver, Maner & Gray, Savannah, for appellant.
    for defendant: David S. Bills, Atlanta, and Lloyd D. Murray Lloyd D. Murray & Assocs., Pembroke, for appellees.
    Case Number: A99A1799

    Evidence of plaintiff's financial inability to pay for surgery and lack of health insurance coverage was admissible because defendant doctor claimed her damages could have been avoided if she had f

  • Pyle v. Pyle

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James A. Satcher Jr., Rome, for appellant.
    for defendant: Richard C. Sutton, Tallapoosa, for appellees. Other party representation: Jeffrey P. Raasch, Gary L. Seacrest Seacrest, Karesh, Tate & Bicknese, and Robyn L. Oliver Freeman, Mathis & Gary, Atlanta.
    Case Number: A99A2387

    A jury could find that the vice-president of a funeral home interfered with the widow's private right to bury her husband when the vice-president told the city to deed th and's burial plot to t