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  • Bell v. The State

    Publication Date: 2023-03-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Judge Phipps
    Attorneys: For plaintiff: Drew Powell, (Public Defender), Clarkesville, for appellant.
    for defendant: George Christian, C. Fogal, (District Attorney’s Office Mountain Judicial Circuit), Clayton, for appellee.
    Case Number: A23A0218

    Court affirms convictions for aggravated assault, rape, and kidnapping over defendant's challenges to sufficiency of evidence and claims of ineffective assistance

  • Giller et al. v. Slosberg

    Publication Date: 2023-03-13
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Tyler Dixon, (Raiford & Dixon LLC), Atlanta, Hon. Leah Sears, Sasha Greenberg, (Smith, Gambrell & Russell, LLP), Atlanta, for appellant.
    for defendant: Tyler Dixon, (Raiford & Dixon LLC), Atlanta, Janet Litt, (Janet Litt, LLC), Atlanta, Kevin O’Sullivan, (Cohen Pollock Merlin Turner P.C.), Atlanta, Frederick Sugarman, Matthew Hawk, (Sugarman Law LLP), Atlanta, for appellee.
    Case Number: A21A0001

    On remand, the court reversed its prior opinion and found a trust instrument that included an in terrorem clause to be void due to undue influence

  • Gleaton & Associates, Inc. v. Cornelius

    Publication Date: 2023-03-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Douglas Clayton, Leah Parker, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Orion Webb, (Smith, Welch, Webb & White, LLC) Stockbridge, for appellee.
    Case Number: A22A1403

    Court reverses rules in favor of property manager that requested summary judgment on a plaintiff's negligence claim following analysis of lease that gave rise to the claim

  • Reid v. Samsung SDI Co., Ltd.

    Publication Date: 2023-02-28
    Practice Area: Law Firm Client Relationships | Products Liability
    Industry: Electronics
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Min Koo, (Infinity Trial Group, P.C.), Atlanta, Pete Werdesheim, (Werdesheim Law Firm, LLC), Atlanta, for appellant.
    for defendant: Christine Mast, (Hawkins Parnell & Young, LLP), Atlanta, Robert Thompson, (Attorney at Law), Atlanta, for appellee; Eric Bumgartner, (Brown Readdick Bumgartner Carter Strickland & Watkins, LLP), Brunswick, for other party.
    Case Number: A22A1728

    Court affirms disqualification of plaintiff's attorney in a product liability case where she had previously worked for the defendant's liability insurer on similar matters

  • United Parcel Service of America, Inc. et al. v. Whitlock et al.

    Publication Date: 2023-02-27
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Dennis Cathey, Matthew Cathey, (Cathey & Strain, LLC), Cornelia, for appellee; Denise Hoying, Peter Law, (Law & Moran), Atlanta, John McKinley, Sean Boyd, (Mozley, Finlayson & Loggins LLP), Atlanta, for other party.
    for defendant: Jonathan Friedman, Philip O’Neill, Gary Toman, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, for appellant.
    Case Number: A22A1231

    Court affirms order applying South Carolina law to wrongful death and punitive damages claims and vacates and remands an order that addressed spoliation of evidence

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Buchanan v. Hannon

    Publication Date: 2023-02-22
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Mark Johnson, Hillary Stringfellow, Amber Carter, (Gilbert Harrell Sumerford & Martin), Brunswick, for appellant.
    for defendant: Thomas Evans, Brian Griffin, Bryan Schivera, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A22A1650

    Resolution of Ambiguous Will Provision Not Necessary Where Previous Provision Governed

  • Torres-Toledo v. The State

    Publication Date: 2023-02-13
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Stephen Reba, (Attorney at Law), Atlanta, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Patrick Shuler, (Hall County District Attorney’s Office), Gainesville, for appellee.
    Case Number: A22A1544

    Appellant Waived Breach of Plea Agreement Claim By Failing to Address Trial Court's Stated Reason For Denying His Motion

  • Tavistock Freebirds v. The Coca-Cola Company

    Publication Date: 2023-02-09
    Practice Area: Business Torts | Contractual Disputes
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Joseph Maguire, James Cole, (Parks Chesin & Walbert, P.C.), Atlanta, for appellant.
    for defendant: Stacey Evans, Tiffany Watkins, (Stacey Evans Law), Atlanta, for appellee.
    Case Number: A23A0010

    Beverage Vendor's Sales Puffery Did Not Support Restaurant's Claims For Breach of Contract and Fraud

  • Hall et al. v. Hill

    Publication Date: 2023-01-04
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Trent Speckhals, (Speckhals Law, P. C.), Atlanta, for appellant.
    for defendant: Thomas Willingham, (Law Offices of Thomas P. Willingham PC), Birmingham, William Norwood, (Pope Mcglamry Kilpatrick Morrison & Norwood P.C.), Atlanta, Yehuda Smolar, (Yes Law Group, LLC), Atlanta, for appellee; John Smith, William Purvis, (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, Richard Hines, (Nelson Mullins Riley & Scarborough), Atlanta, for other party.
    Case Number: A21A0111

    Appointment of conservator of minor children by one court divested another court of jurisdiction over alternate conservator's actions in a wrongful death matter

  • White Properties Investments, LLC v. Dip Lending I, LLC

    Publication Date: 2022-12-22
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Amelia Phillips, (Phillips Law, LLC), Alpharetta, for appellant.
    for defendant: Jimmy Luke, (Martin Bagwell Luke, P.C.), Atlanta, William Sams, (W. Shannon Sams Law, P.C.), Atlanta, Kevin Maxim, (The Maxim Law Firm, P.C.), Atlanta, John Ramsey, (Attorney at Law), Atlanta, Eugene Smith, Thomas Whitley, (Fulton County Attorney’s Office), Atlanta, for appellee.
    Case Number: A22A1197

    In a dispute over quieting title, court concludes that shorter 7-year reversion applies over 20-year statute of limitations and rules in favor of redemption party