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  • Morgan v. The State

    Publication Date: 2020-05-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jose' Guzman, (Chattahoochee Judicial Circuit Public Defender), Columbus, for appellant.
    for defendant: Julia Slater, Wesley Lambertus, (Office of the District Attorney), Columbus, for appellee.
    Case Number: A20A0281

    Trial Court Did Not Err in Admitting Evidence of Defendant's Prior Bad Acts or When it Overruled Defendant's Husband's Assertion of Spousal Witness Privilege

  • Milliken & Company v. Georgia Power Company

    Publication Date: 2020-03-23
    Practice Area: Contracts
    Industry: Energy
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Stevan Miller, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, for appellant.
    for defendant: Benjamin Brewton, (Tucker Long, P.C.), Augusta, Malissa Kaufold-Wiggins, Hugh McNatt, (Balch & Bingham LLP), Atlanta, Hugh McNatt, (Balch & Bingham LLP), Vidalia, David Dial, Carol Michel, Thomas Strueber, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, for appellee. David Boone, Simone Siex, Ryals Stone, (Boone & Stone), Atlanta, John Clark, (Clark & Smith Law Firm, PC), Macon, William Stone, (William S. Stone, P.C.), Blakely, James Stone, (The Stone Law Group - Trial Lawyers, LLC), Atlanta, David Bell, (Law Office of David B. Bell), Augusta, Nicholas Moraitakis, (Moraitakis & Kushel LLP), Atlanta, James Ellison, James Wall, (Wall Ellison LLP), Augusta, James Strawinski, (Strawinski & Stout, P. C.), Atlanta, Jay O'Brien, (Attorney at Law), Atlanta, Jamie Lebovitz, (Nurenberg, Paris, Heller & McCarthy), Cleveland, Steven Ashby, (Ashby Family Law Associates, P.C.), Tucker, Joseph Brown, David Caine, Lucy Tufts, (Cunningham Bounds, LLC), Mobile, Robert Byrd, Audra Byrd, John Wilkerson, (Turner, Padget, Graham & Laney P.A.), Charleston, E. Armstrong, (Law Offices of Alan Armstrong), Atlanta, David Katzman, (Katzman, Lampert & McMlune), Troy, Michael Schroder, (Swift, Currie, McGhee & Hiers), Atlanta, J. Mozley, (Mozley, Finlayson & Loggins), Atlanta, Mark Gropp, (Wasson Sours & Harris, P.C.), Atlanta, William Floyd, Christine Hall, Peter Van Deventer, Douglas Amster, Gene Kaskiw, Douglas McQueen, (Lewis Brisbois Bisgaard & Smith, LLP), Newark, Victoria Carroll, (McMickle Kurey And Branch LLP), Alpharetta, Kenan Loomis, (Cozen O'Connor), Atlanta, for other party.
    Case Number: A17A1706

    Court rules that language in an easement was an indemnification obligation and not just a covenant not to sue

  • Terrell v. The State

    Publication Date: 2020-03-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Cara Clark, (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Timothy Vaughn, Keely Pitts, (Oconee Circuit District Attorney's Office), Eastman, for appellee.
    Case Number: A19A2349

    Sentences for Three Counts of Furnishing Prohibited Items to Inmates Did Not Need to Be Merged; Statute Separately Criminalizes Obtaining or Procuring of Each Distinct Item

  • Sponsler v. Sponsler et al.

    Publication Date: 2020-03-13
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Erika Heath, (Erika Heath, Attorney At Law), San Francisco, for appellant.
    for defendant: Eric Ballinger, (Attorney at Law), Canton, Margaret Washburn, (Attorney at Law), Lawrenceville, April Sponsler, Stone Mountain, John O'Brien, (Thompson, O'Brien, Kemp & Nasuti, P.C.), Norcross, Viraj Deshmukh (Thompson, O'Brien, Kemp & Nasuti, P.C.), Peachtree Corners, for appellee.
    Case Number: A19A2282

    In Light of Reversal of Prior Appeal in Underlying Divorce Action, Trial Court Erred in Failing to Grant Ex-Husband Reimbursement for HELOC Payments

  • MSM Poly, LLC v. Textile Rubber and Chemical Company, Inc.

    Publication Date: 2020-03-09
    Practice Area: Civil Procedure
    Industry: Chemicals and Materials
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Kevin Stine, Joshua Tropper, (Baker, Donelson, Bearman, Caldwell & Berkowitz, PC), Atlanta, for appellant.
    for defendant: Jonathan Bledsoe, Brittany Dant, (The Minor Firm), Dalton, for appellee.
    Case Number: A19A1719

    Court reverses order enjoining continuing trespass in another state due to lack of subject matter jurisdiction

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Ridley v. Dolgencorp, LLC

    Publication Date: 2020-03-05
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate | Retail
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Christopher Rhodes, (Rhodes Law, P.C.), Dalton, for appellant.
    for defendant: Jason Wyrick, Adam Schmidt, (The Law Offices of McLaughlin, Ream & Wyrick), Atlanta, for appellee.
    Case Number: A19A2235

    Shopper Who Stumbled Over Concrete Paving Abutment Failed to Exercise Reasonable Care

  • In the Interest of P. T., a child.

    Publication Date: 2020-02-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Joshua Lingsch, (Atlanta Circuit Public Defenders Office), Atlanta, for appellant.
    for defendant: Paul Howard, (District Attorney), Atlanta, for appellee.
    Case Number: A19A2151

    Court rejects rule of leniency argument and affirms felony sexual battery Adjudication Order against 15-year old defendant

  • The State v. Richardson

    Publication Date: 2020-01-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Ryan Leonard, (District Attorney), Douglasville, Timothy Baywal, (Douglas County District Attorney's Office), Douglasville, for appellant.
    for defendant: James Luttrell, (Attorney at Law), Canton, for appellee.
    Case Number: A19A2326

    Car Hijacking Defendant's Self-Incriminating Statements Made to Police Before He Was Arrested and Mirandized Were Voluntarily Made

  • Khalia, Inc. v. Rosebud

    Publication Date: 2020-01-13
    Practice Area: Civil Appeals | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander, (Holland & Knight, LLP), Atlanta, for appellant.
    for defendant: Glenn Bass, Molly Moyer, (Scrudder Bass Quillian Horlock Taylor & Lazarus), Atlanta, Michael Rafi, (Rafi Law Firm, LLC), Atlanta, Kurt Kastorf, (Kastorf Law), Atlanta, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee.
    Case Number: A19A1891

    Court affirms premises liability award because property manager failed to preserve the matter for appeal, and the evidence supported it.

  • Reeves v. The State

    Publication Date: 2020-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jason Moon, (Attorney at Law), Valdosta, for appellant.
    for defendant: Richard Perryman, (District Attorney), Nashville, Rebekah Ditto, (Alapaha Circuit District Attorney's Office), Adel, for appellee.
    Case Number: A19A1883

    Trial court did not err in revoking defendant's probation when he failed to rebut presumptions of evidence showing that he possessed a contraband substance.