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  • Schinazi v. Eden

    Publication Date: 2016-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Luke Lantta Bryan Cave LLP, and Nicole Wade L. Lin Wood PC, Atlanta, for Schinazi. LeAnne Gilbert, Craig Frankel Gaslowitz Frankel LLC, Atlanta, and Jared Cloud McDermott, Will Emery LLP, Chicago, IL, for Eden.
    for defendant:
    Case Number: A16A0769; A16A0781

    In a dispute over trust assets, the trial court properly granted summary judgment to trustee on her request for declaratory judgment, but erred in granting summary judgment to defendants on trustee'

  • State of GA v. Sun States Ins. Grp. Inc.

    Publication Date: 2016-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Isaac Byrd, Deputy Attorney General, Jeffrey Stump, Assistant Attorney General, and Daniel Walsh Attorney General's Office, Atlanta, for State of GA. Richard Robbins, Alexa Ross, and Alexander Denton Robbins Ross Alloy Belinfante Littlefield LLC, Atlanta, for Reg. Tech. Thomas Gallo Barnes Thornburg LLP, and Richard Robbins Robbins Ross Alloy Belinfante Littlefield LLC, Atlanta, for Sun States.
    for defendant:
    Case Number: A14A2119; A14A2120

    The Court of Appeals lacked jurisdiction to entertain two direct appeals from the denial of motions to dismiss based upon governmental immunity, and it therefore dismissed the appeals for failure to

  • Sadler v. Rigsby

    Publication Date: 2016-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Diane Sternlieb, Carrollton, for appellant.
    for defendant: Desiree Duke and Timothy Heath The Duke Law Firm LLC, Carrollton, for appellee.
    Case Number: A16A1243

    The trial court erred in denying the father's timely request that the trial court issue findings of fact and conclusions of law in his action to modify the custody and child support order regarding

  • Johnson v. State

    Publication Date: 2016-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sean Scally Brown, Readdick, Bumgartner, Carter, Strickland, Watkins, Brunswick, for appellant.
    for defendant: Jacquelyn Johnson, District Attorney, Brunswick, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellee.
    Case Number: A16A1224

    The evidence was sufficient to support the defendant's conviction for trafficking in cocaine after he and several others fled a residence while police were attempting to execute a search wa

  • Hanh v. State

    Publication Date: 2016-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jamie Hahn, Rockspring, proceeded pro se. Joseph Mulholland, District Attorney, and Moruf Oseni District Attorney's Office, Bainbridge, for appellee.
    for defendant:
    Case Number: A16A1409

    The trial court erred in not considering the defendant's motion to withdraw his guilty plea to child molestation, because the trial court had found that the original sentence was void and the defend

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Cook v. State

    Publication Date: 2016-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bruce Harvey, Jennifer Hanson, and Kimberly Cornwell Law Office of Bruce S. Harvey, Atlanta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Joshua Smith District Attorney's Office, Augusta, for appellee.
    Case Number: A16A1105

    Although the evidence supported the defendant's conviction for rape, the trial court erred in sentencing him as a recidivist, because he had not been convicted of a felony prior to the commission of

  • In the Interest of K. H.

    Publication Date: 2016-09-13
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Kristen Abramowicz Public Defender's Office, Newnan, for appellant.
    for defendant: Natalie Ayers, Solicitor General, Amy Godfrey, and Sandra Wisenbaker Solicitor General's Office, Newnan, for appellee.
    Case Number: A16A0849

    The juvenile court's order denying the juvenile defendant's motion to suppress incriminating statements she made to police made no findings regarding the voluntariness of the defendant's statements

  • State v. Mathis

    Publication Date: 2016-08-31
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Amy Godfrey, Kimberly Sewell, and Sandra Wisenbaker Solicitor General's Office, Newnan, for appellant.
    for defendant: T. Kevin Mooney and George Stein Stein Ward, Atlanta, for appellee.
    Case Number: A16A0605

    Certain of the trial judge's remarks indicated that the grant of the defendant's motion to suppress all evidence obtained as a result of a traffic stop may have resulted, at least in part, from the

  • Bailey v. State

    Publication Date: 2016-08-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David Walker and Jeremiah Roberts Georgia Public Defender Standards Council, Athens, for appellant.
    for defendant: David White, District Attorney, Hartwell, and Brian Atkinson, District Attorney, Carnesville, for appellee.
    Case Number: A16A0200

    The trial court erred in admitting into evidence the results of the defendant's blood and urine tests, which a state trooper had acquired after ordering hospital staff to obtain samples from the unc

  • Johnson v. State

    Publication Date: 2016-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Frances Kuo, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Lenny I. Krick, Assistant District Attorney, Decatur, for appellee.
    Case Number: A16A0110

    Although the evidence was insufficient to support the defendant's sentence on a felony conviction for fleeing or attempting to elude a police officer, the evidence supported the defendant's convicti