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Publication Date: 2012-11-21
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Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Rex Abernathy Cook & Connelly, and Steven Miller, Summerville, for appellant.
for defendant: . Fredric Bright, District Attorney, Milledgeville, and Shelley Tice, Assistant District Attorney, Irwinton, for appellee.
Case Number: A12A1400
The trial court properly denied the defendants' motion for a mistrial because defense counsel had opened the door to the complained-of testimony, which the court had previously ruled inadmissible, w
Publication Date: 2012-11-19
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Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Thomas Mitchell The Mitchell Law Grp. LLC, Marietta, for appellant.
for defendant: . Richard Carothers and Michael Hobbs Carothers & Mitchell LLC, Buford, for appellees.
Case Number: A12A0815
In considering a motion for summary judgment, the application of the contradictory testimony rule is not permitted when the contradictory testimony comes from a non-party wi
Publication Date: 2012-11-15
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Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Benton Mathis Freeman Mathis & Gary LLP, Atlanta, for appellant.
for defendant: Wade Watson and Laura Bonander Caldwell & Watson LLP, Atlanta, for appellee.
Case Number: A12A1651
The plaintiff's allegations—that a third party's wrongful acts authorized the equitable imposition of a constructive trust upon a donation made to the university—sufficiently stated a claim for r
Publication Date: 2012-11-07
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Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: William Turner Fears Lawrence & Turner PC, Jackson, for appellant.
for defendant: Delisa Williams, Jonesboro, for appellees.
Case Number: A12A1298
The Court reversed the grant of summary judgment to homeowners in their suit against a renter for back-rent, as there was no evidence in the record supporting the damages calculation, the affidavit
Publication Date: 2012-11-07
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Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Larry Duttweiler Public Defender's Office, Gainesville, for appellant.
for defendant: Lee Darragh, District Attorney, and Wanda Vance, Assistant District Attorney, Gainesville, for appellee.
Case Number: A12A1180
The Court affirmed the defendant's conviction for methamphetamine trafficking, holding that the trial court did not err in denying his motion for a directed verdict of acquittal, admitting improper
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Publication Date: 2012-11-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Eric C. Crawford Crawford & Boyle LLC, Monroe, for appellant.
for defendant: Daniel J. Porter, District Attorney, and William C. Akins, Assistant District Attorney, Lawrenceville, for appellee.
Case Number: A12A0885
The evidence supported a finding that the defendant intended to commit a theft inside the victim's house and took a substantial step toward entering the house for that pu
Publication Date: 2012-10-29
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Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Victoria E. Rowan, Marietta, for appellant.
for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Sanders B. Deen, Assistant Attorney General, Marietta, for appellee. Other party representation: Lawrence Daniel, Atlanta, and Lori Cheatham, Guardian Ad Litem, Marietta.
Case Number: A12A1434
The juvenile court erred in determining that clear and convincing evidence supported a finding that the child was deprived at the time of the termination he
Publication Date: 2012-10-29
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Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Steven Gilliam and Keith Whitaker Smith, Gilliam, Williams & Miles PA, Gainesville, for appellant.
for defendant: . Sean Gordon and Jack Lundstedt Greenberg Traurig LLP, Atlanta, for appellee.
Case Number: A12A1617
Where the plaintiff lender voluntarily dismissed its application for confirmation before the entry of a final order, and then started new foreclosure proceedings, OCGA § 44-14-161 c did not require
Publication Date: 2012-10-23
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Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: B. Thomas Cook Jr. and Lubin An Cook and Lundy PA, Atlanta, for appellant.
for defendant: Jamie Inagawa, Solicitor General, and Joseph Myers, Assistant Solicitor General, Fayetteville, for appellee.
Case Number: A12A1156
The trial court did not err in denying the defendant's motion to suppress the marijuana that an officer found during a search of his vehicle because the officer's observation that the defendant was
Publication Date: 2012-10-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Terry Lloyd, Lawrenceville, for appellant.
for defendant: James Smith, District Attorney, James Knox, and Robin Riggs, Assistant District Attorneys, Winder, for appellee.
Case Number: A12A0840
Since no evidence in the record showed that defendant had failed to pay $38 in fines ordered in relation to his reckless conduct convictions, the trial court could not partially base its decision to
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