• Kim v. First Intercontinental Bank

    Publication Date: 2016-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William Trotter, Augusta, for appellant.
    for defendant: Allison Jett Weissman Nowack Curry Wilco PC, and Austin James Fidelity National Law Group, Atlanta, for appellee.

    Case Number: A15A1782

    The plaintiff bank's interest in a reformed security deed was not limited by the amount to which it was equitably subrogated, as the reformed deed and subrogated first-priority lien represented diff

  • Whatley v. State

    Publication Date: 2016-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mark Hinds, Public Defender, McDonough, for appellant.
    for defendant: Scott Ballard, District Attorney, Griffin, and Warren Sellers, Assistant District Attorney, Fayetteville, for appellee.

    Case Number: A15A1911

    The information the confidential informant provided to police, much of it independently corroborated, was sufficient to establish the informant's reliability and therefore to supply probable cause

  • Holloway v. The Kroger Co.

    Publication Date: 2016-03-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John LaRose, Atlanta, for appellant.
    for defendant: Douglas Wilde, Tyrone, for appellee.

    Case Number: A15A2300

    Although defense counsel improperly referred to a stricken juror's voir dire responses during his closing argument, the plaintiff failed to object and, on appeal, failed to show that defense counsel

  • Lester v. Boles

    Publication Date: 2016-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jennifer Hildebrand Hildebrand Law Office PC, LaFayette, for appellant.
    for defendant: Larry Hill, LaFayette, for appellee.

    Case Number: A15A1895

    The trial court did not abuse its discretion in including a self-executing provision in a child custody order, because the challenged provision gave paramount import to the child's best

  • Jones v. State

    Publication Date: 2016-03-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Rebecca Kozycki Chestney Law Firm, and Jeffrey Filipovits, Atlanta, for appellant.
    for defendant: Jessica Moss, Solicitor General, and Barry Hixson Chief Assistant Solicitor General, Canton, for appellee.

    Case Number: A13A1940

    Evidence of a prior conviction may be relevant under O.C.G.A. § 24-4-404 subsection b, without regard to whether the charged crime is one requiring a specific or general intent, when it is offered

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    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Mabry v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2016-01-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John Hyatt Hyatt Hyatt PC, Decatur, and David Webster, Atlanta, for appellant.
    for defendant: William Anderson Downey Cleveland LLP, Marietta, for appellee. Other party representation: Alisa Ellenburg Vernis Bowling LLC, Atlanta.

    Case Number: A15A0800

    The non-duplication provisions in the claimant's insurance policies did not relieve the insurer of its obligation to pay for uncompensated losses up to the UM policy l

  • Hill v. Cole CC Kennesaw GA LLC

    Publication Date: 2016-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert Katz and Briant Mildenhall Katz, Stepp, Wright, Fleming, Decatur, for appellant.
    for defendant: John Campbell, Pamela Lee Swift, Currie, McGhee Hiers LLP, Atlanta, and Joseph Perrotta, Alpharetta, for appellees.

    Case Number: A15A0993

    There was evidence that an elevator maintenance company was negligent in failing to properly maintain an elevator that did not stop level with the floor, causing the plaintiff to trip and fall and s

  • Roberts v. First Georgia Community Bank

    Publication Date: 2016-01-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Grady Roberts Roberts Law LLC, Atlanta, for appellant.
    for defendant: . Dana Davis Tucker Davis Law LLC, Marietta, for appellee.

    Case Number: A15A1100; A15A1101

    The appellants failed to object to the contempt order entered against them and thus failed to preserve the issue for appellate review, which deprived them of the right to complain on a

  • Prabnarong v. Oudomhack

    Publication Date: 2015-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Romero Pearson Pearson Law Group LLC, Lawrenceville, for appellant.
    for defendant: Eric Ballinger, Canton, and Margaret Washburn, Lawrenceville, for appellee.

    Case Number: A15A0978

    The trial court erred in exercising emergency jurisdiction and awarding temporary custody of the minor child to her maternal uncle, in contravention of an order a court in the state of Washington is

  • Hobbs v. State

    Publication Date: 2015-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert Persse Public Defender's Office, Savannah, and Russell Jones Public Defender's Office, Springfield, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Joshua Smith District Attorney's Office, Augusta, for appellee.

    Case Number: A15A1374

    The trial court erred in applying the recidivist statute, O.C.G.A. § 17-10-7 subse a, to the defendant's misdemeanor convi as well as his felony convi