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Publication Date: 2016-08-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: William Mills, Ringgold, for appellant.
for defendant: Herbert Franklin, District Attorney, and Matthew Brown District Attorney's Office, LaFayette, for appellee.
Case Number: A16A0436
The jury was authorized to find beyond a reasonable doubt that the defendant might have committed the offense for which he was being tried in Catoosa County, and proof of venue was, therefore, suffi
Publication Date: 2016-08-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Jason Swindle and Dane Garland Swindle Law Group PC, Carrollton, for appellant.
for defendant: Peter Skandalakis, District Attorney, LaGrange, and Antoinette Wood District Attorney's Office, Newnan, for appellee.
Case Number: A16A0242
The trial court did not err in admitting a letter into evidence, because the State sufficiently authenticated the letter under O.C.G.A. § 24-9-901 subsect
Publication Date: 2016-08-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Laura Johnson, Chief Assistant County Attorney, and Terri Gordon DeKalb County Law Department, Decatur, for appellant.
for defendant: . Robert Moss Moss Rothenberg, Atlanta, for appellees.
Case Number: A14A1934
The Court of Appeals did not have jurisdiction over a direct appeal from a decision denying two police officers' motion for summary judgment based on official and qualified immunity in a lawsuit ari
Publication Date: 2016-08-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Thomas Brennan and Richard Brown Fain, Major, Wiley Brennan PC, Atlanta, for Barclay. Hugh Dorsey, Woodstock, for Johnson et al.. Laura Austin Austin Law Group Inc., Woodstock, for Stephenson et al.. Laura Albright Carlock, Copeland Stair LLP, Atlanta, Joseph Cruser, and Craig Terrett Cruser Mitchell LLP, Norcross, for GEICO.
for defendant:
Case Number: A16A0318; A16A0319; A16A0320; A16A0321
The defendants were entitled to summary judgment in the personal injury action arising after the plaintiff fell off a ladder he brought to the defendants' property in order to get a stuck chainsaw o
Publication Date: 2016-08-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Grady Roberts Roberts Law LLC, Tucker, for appellant.
for defendant: Teah Kirk, David Pernini, Dustin Sharpes Wargo French LLP, Atlanta, and John Pennington, Helen, for appellees.
Case Number: A16A0289
Res judicata did not bar the plaintiff's claims against the bank for damages allegedly arising from the initiation of foreclosure proceedings on certain property, and the trial court erred in dismis
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Publication Date: 2016-07-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Frederick Dawkins, Atlanta, for appellant.
for defendant: Shireen Hormozdi Hormozdi Law Firm LLC, Norcross, for appellee.
Case Number: A16A0095
The defendant was not entitled to a directed verdict on the plaintiff's claims for breach of contract and quantum meruit arising out of an agreement for the plaintiff to provide interior design serv
Publication Date: 2016-07-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
for defendant: Daniel J. Porter, District Attorney, and Marlene Zekser District Attorney's Office, Lawrenceville, for appellee.
Case Number: A16A0517
The defendant failed to demonstrate that his trial counsel performed deficiently in failing to pursue a motion to suppress drug evidence officers found in the defendant's apartment during a warrant
Publication Date: 2016-07-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: C. Andrew Childers Childers, Schlueter Smith LLC, and Jonathan Johnson, Atlanta, for Smith. John Strauss, Covington, for Chupp. Lee Gillis and Duke Groover James Bates Brannan Groover LLP, Macon, for Georgia Farm Bureau.
for defendant:
Case Number: A14A1824; A14A1825
The Court of Appeals erred in holding, as a matter of first impression, that personal injury claims arising from lead poisoning due to lead-based paint ingestion were not excluded from coverage purs
Publication Date: 2016-07-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Harry Houghton, North Charleston, SC, proceeded pro se. Jacob Davis and Mark Moore Lazega Johanson LLC, Atlanta, for appellee.
for defendant:
Case Number: A16A0009
The trial court erred in granting the plaintiff's motion for summary judgment in its breach of contract action, because there was evidence that the plaintiff did not file its suit within six years o
Publication Date: 2016-07-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: John Baker and Donald Slider Baker Slider LLC, Athens, for appellant.
for defendant: John Connolly and Douglas Flint Flint, Connolly Walker LLP, Canton, for appellee.
Case Number: A16A0243
The trial court erred in granting summary judgment to the plaintiff in its suit to enjoin the defendant from blocking the plaintiff's access to a roadway that ran through the defendant's property, s
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