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  • O'Neill v. Hairston

    Publication Date: 2022-08-17
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Shane Geeter, (Attorney at Law), Milledgeville, for appellant.
    for defendant: Joseph Bloodworth, (Bush, Crowley, Leverett & Leggett, LLP), Macon, for appellee.
    Case Number: A22A0811

    Unresolved Factual Issue as to Location of Boundary Line Between Adjacent Properties Precluded Partial Summary Judgment

  • Skelton v. Skelton

    Publication Date: 2022-08-15
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Vic Hill, (Attorney at Law), Marietta, for appellant.
    for defendant: Tracy O’Connell, (Ellis, Painter, Ratterree & Adams, LLP), Savannah, for appellee.
    Case Number: A22A0718

    Court affirms order modifying child custody award after trial court cut off appellant's cross-examination because appellant could not show how effect on her case

  • The State v. Adams

    Publication Date: 2022-08-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Keith Gammage, (Fulton County Solicitor General), Atlanta, Tamara Crawford, (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, for appellee.
    Case Number: A22A0931

    Trial Court's Ruling on Claim of Speedy Trial Violation Failed to Account For Full Extent of Delay

  • Augustin et al. v. Walker Lake Emergency Group, PC

    Publication Date: 2022-08-10
    Practice Area: Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Joseph Maguire, Robert Kozloski, (Parks, Chesin & Walbert, P.C.), Atlanta,or appellant.
    for defendant: Jeffrey Schwartz, (Jackson Lewis P.C.), Atlanta, Thomas Tate, (Andersen, Tate & Carr, P.C.), Duluth, for appellee.
    Case Number: A22A0833

    Court affirms summary judgment for health care company and rejects terminated physicians' breach of contract argument because their agreements authorized termination

  • McDonald & Cody v. State Of Georgia

    Publication Date: 2022-07-22
    Practice Area: Attorney Compensation | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Douglas McDonald, Samuel Sliger, (McDonald & Cody LLC), Cornelia, Jackson McDonald, (McDonald & Cody LLC), Alto, for appellant.
    for defendant: Marianne Gelakoska, (District Attorney’s Office - Appalacian Judicial Circuit), Ellijay, for appellee.
    Case Number: A22A0531

    Attorneys' Lien in Forfeiture Case Was Perfected After Attorneys Obtained Final Judgment For Return of Property to Clients

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Johnson v. The State

    Publication Date: 2022-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Ricky Johnson, (Coffee Correctional Facility), Nicholls, for appellant.
    for defendant: Penny Penn, James Dunn, (GA Bell-Forsyth Judicial Circuit), Cumming, for appellee.
    Case Number: A20A0996

    Court vacates three of four of defendant's convictions for theft by taking and remands to the trial court for merger of those convictions and resentencing.

  • Kelly v. The State

    Publication Date: 2022-07-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Rodney Williams, (Attorney at Law), Decatur, for appellant.
    for defendant: Randal McGinley, Jillian Hall, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A22A0120

    Court affirms convictions for burglary and other crimes over defendant's multiple contentions of error and ineffective assistance.

  • Mullins v. The State

    Publication Date: 2022-07-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: John Bradley, (Ocmulgee Circuit Public Defender's Office), Milledgeville, for appellant.
    for defendant: Tammy Coffey, (District Attorney's Office Baldwin County), Milledgeville, Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, for appellee.
    Case Number: A22A0439

    Trial Counsel Not Ineffective For Failing to Seek Jury Instruction on Accident

  • Morse et al. v. Suntrust Bank, N.A. et al.

    Publication Date: 2022-06-13
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Sheppard, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellant.
    for defendant: John Sugg, (Davis Matthews & Quigley PC), Atlanta, Thomas Cauthorn, (Cauthorn Nohr & Owen), Marietta, Justin O'Dell, Leslee Hungerford, Nicholas Booth, (O'Dell & O'Neal), Marietta, Roy Paul, (Meyer & Sayers, LLP), Savannah, W. Settle, (Thomas & Settle), Waycross, Clay O'Daniel, Keith O'Daniel, (O'Daniel McDonald, LLC), Atlanta, for appellee.
    Case Number: A22A0200

    Court concludes that adopted adults are proper beneficiaries of a Will that established trusts for grandchildren of its beneficiaries

  • Dunbar v. The State

    Publication Date: 2022-06-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Lawrence Daniel, (Attorney at Law), Atlanta, for appellant.
    for defendant: Elizabeth Racine, Aimee Sobhani, Douglas County District Attorney's Office), Douglasville, for other party.
    Case Number: A22A0173

    Court affirms convictions for rape and other crimes but remands for consideration of defendant's claims of ineffective assistance of counsel.