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  • Oni v. Oni

    Publication Date: 2016-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David Webster, Atlanta, and Tamar Faulhaber Faulhaber Family Law LLC, Alpharetta, for appellant.
    for defendant: Lynn Goldman, Lila Bradley Claiborne Fox Bradley LLC, James Outman, and Jean Kutner, Atlanta, for appellee.
    Case Number: A15A2205

    The mother's motion to set aside the adoption of her two children was time-barred under O.C.G.A. § 19-8-18 subsection e, because she moved to set aside the adoption decree approximately 10 months af

  • York v. RES-GA LJY LLC

    Publication Date: 2016-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert Reeves, Thomas Tate, and Graham Brantley Andersen, Tate Carr PC, Duluth, for appellant.
    for defendant: . Chelsea Dennis, Jill Deutchman, and Katherine Silverman Hartman Simons Wood LLP, Atlanta, for appellee.
    Case Number: A15A2254

    The guarantors waived the requirement that a lender must confirm a foreclosure sale before suing a guarantor for a deficiency when they signed the guaranties containing that waiver, and the lender c

  • Jackson v. State

    Publication Date: 2016-04-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John Donnelly Public Defender's Office, Athens, for appellant.
    for defendant: Kenneth Mauldin, District Attorney, and Jeffrey Kwiatkowski District Attorney's Office, Athens, for appellee.
    Case Number: A15A2244

    The trial court properly denied the defendant's motion to suppress evidence an officer obtained through a warrantless penile swap while investigating a possible rape, since the officer had probable

  • Ballistics Research Inc. v. BRI Funding LLC

    Publication Date: 2016-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jon McPhail, Wayne Orr, and James Orr, Alpharetta, for appellant.
    for defendant: . Theodore Robinson Hulsey, Oliver Mahar LLP, Gainesville, for appellee.
    Case Number: A15A1734

    The defendants could not have specifically intended to harm the plaintiff company because the company did not exist when the defendants committed the alleged tortious acts; therefore, the trial cour

  • Goodrum v. State

    Publication Date: 2016-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jonathan Waters, Macon, for appellant.
    for defendant: K. David Cooke Jr., District Attorney, and Dorothy Hull, Assistant District Attorney, Macon, for appellee.
    Case Number: A15A2007

    The jury was authorized to find that the defendant committed aggravated assault by using his hands as a deadly weapon or object likely to result in serious bodily injury when he choked his ex-girlf

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  • Cone v. Dickenson

    Publication Date: 2016-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Hillman Toombs, Riverdale, for appellant.
    for defendant: Karolynn Harris Worsham, Corsi, Scott Knighten, Atlanta, for appellee.
    Case Number: A15A2272

    Viewing the evidence in the light most favorable to the non-moving party, a jury issue remained as to the terms of the parties' settlement agreement, and the trial court erred in granting one party'

  • Cooper v. Coulter

    Publication Date: 2016-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joseph Willard, Rossville, for appellant.
    for defendant: John Giglio, Ringgold, for appellee.
    Case Number: A15A1907

    The trial court did not abuse its discretion in denying the father's request for custody of the minor child and modifying his visitation privileges after the child complained about the father's alle

  • Spoone v. State

    Publication Date: 2016-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Samuel Sliger McDonald Cody LLC, Cornelia, for appellant.
    for defendant: David White, District Attorney, Hartwell, and Brian Atkinson, District Attorney, Carnesville, for appellee.
    Case Number: A15A1721

    The evidence authorized the probate court to conclude that the defen mother consented to a deputy's entry into their residence, and the probate court therefore did not err in denying the defe

  • Becker v. State

    Publication Date: 2016-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Long Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Herbert Franklin, District Attorney, and Matthew Brown District Attorney's Office, LaFayette, for appellee.
    Case Number: A15A2265

    The trial court erred in sentencing the defendant as a recidivist pursuant to O.C.G.A. § 17-10-7 a and c and in believing that it was required to impose the maximum sentence for possession of metham

  • Pack v. State

    Publication Date: 2016-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jess Johnson and Page Pate The Pate Law Firm LLC, Atlanta, for appellant.
    for defendant: Penny Penn, District Attorney, and Sandra Partridge, Chief Assistant District Attorney, Cumming, for appellee.
    Case Number: A15A2315

    Although a bench conference at which the defendant was not present related to jury selection, it ultimately involved a purely legal question regarding a potential juror's qualification to serve on t