• In the Interest of S. M.

    Publication Date: 2015-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John Mulkey, Douglasville, proceeded pro se. Christina Stahl, Cartersville, for appellee.
    for defendant:

    Case Number: A15A0615

    The juvenile court improperly dismissed the father's petition for termination of guardianship on the basis that he failed to comply with an order of the court, because the juvenile court improperly

  • Georgia Dep't of Corrections v. Grady Mem'l Hosp. Corp.

    Publication Date: 2015-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, William Banks Deputy Attorney General, and Julie Jacobs Attorney General's Office, Atlanta, for GDOC. Brian Dempsey and Theodore Freeman Freeman, Mathis Gary, Atlanta, for Douglas County. Samuel Harvey, Atlanta, for Grady Mem'l Hosp..
    for defendant:

    Case Number: A15A0549; A15A0550

    Sovereign immunity barred the hospital's action against the Georgia Department of Corrections seeking payment for medical care provided to a county jail inmate, because O.C.G.A. § 42-5-2 did not app

  • Herrington v. State

    Publication Date: 2015-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William Hoffer Public Defender's Office, Gainesville, for appellant.
    for defendant: Layla Zon, District Attorney, and Randal McGinley District Attorney's Office, Covington, for appellee.

    Case Number: A15A0195

    While represented by trial counsel, Johnny Herrington was found guilty of possessio n illegal weapon sawed-off shotgun,1 giving false information to a law enforcement officer,2 and possessio

  • Mincey v. State

    Publication Date: 2015-08-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Brandon Bullard Georgia Public Defender Standards Council, Atlanta, and Michael Tarleton Georgia Public Defender Standards Council, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, and Lenny Krick, Assistant District Attorneys, Decatur, for appellee.

    Case Number: A15A0275

    Gary Mincey appeals from his convictions for rape three c armed robbery three c aggravated sexual battery, aggravated sodomy, aggravated assault two c false imprisonment five c

  • Morales v. State

    Publication Date: 2015-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: J. Scott Key Miller Key PA, McDonough, for appellant.
    for defendant: Scott Ballard, District Attorney, Griffin, and Robert Smith Prosecuting Attorneys' Council of Georgia, Morrow, for appellee.

    Case Number: A15A0488

    Ricardo Morales was found guilty of trafficking methamphetamine, possession of methamphetamine with int distribute, possession of methamphetamine, possession of marijuana with int

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  • In the Interest of B. R. F.

    Publication Date: 2015-06-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas Rawlings McMillan Rawlings LLP, Sandersville, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and Tammy Griner, Griffin, for appellee. Other party representation: Todd Harding, Michael Feltman, Griffin, Roger Montgomery, Talbotton, and Charles O'Neill, Zebulon. Amicus: Lisa Krisher, Phyllis Holmen, Vicky Kimbrell Georgia Legal Services Program Inc., Atlanta, and Jane Okransinski Georgia Ass'n of Counsel for Children, Athens.

    Case Number: A14A1536

    The Court found that it had jurisdiction to grant an out-of-time application for discretionary appeal from an order terminating a mother's parental rights, because the mother's due process rights we

  • Barking Hound Village LLC v. Monyak

    Publication Date: 2015-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mary Battey, Joel McKie, and Andrew Hazen Hall Booth Smith PC, Atlanta, for Barking Hound. Robert Monyak and Jonathan Peters Peters Monyak LLP, Atlanta, for Monyak. Amicus: Ann Ferebee, Jennifer Odom Bryan Cave LLP, Katherine Smallwood, Atlanta, and Leonard Searcy Shook, Hardy Bacon LLP, Kansas City, MO.
    for defendant:

    Case Number: A14A1960; A14A1961

    The trial court improperly ruled that plaintiffs could introduce evidence of non-economic factors demonstrating their dog's intrinsic value in their lawsuit arising out of the dog's

  • Smith v. Georgia Farm Bureau Mut. Ins. Co.

    Publication Date: 2015-06-10
    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, Macon, for Farm Bureau.
    for defendant:

    Case Number: A14A1824; A14A1825

    The lead-based paint injuries in the underlying personal injury lawsuit were not excluded from coverage under the landlord's insurance policy's "pollution exclusion," since lead-based paint was not

  • Raser Techs. Inc. v. Morgan Stanley Co. LLC

    Publication Date: 2015-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David Dreyer, James Paul, Scott Ratchick, Drew Greene Chamberlain, Hrdlicka, White, Williams Martin, Atlanta, Adam Pollack, John D'Ercole Robinson Brog Leinwand Greene Genovese Gluck PC, New York, NY, James Christian, and Joe Luce Christian, Smith Jewell LLP, Houston, Texas, for Raser Techs. Inc.. Dan Laney, Richard Sinkfield Rogers Hardin, Atlanta, Andrew Frackman, Brad Elias, Abby Rudzin O'Melveny Myers LLP, Robert Wise, Jami Johnson, Stefani Johnson Davis Polk Wardell LLP, Richard Pepperman, John McCarthy Sullivan Cromwell LLP, New York, NY, Andrew Clubok, Susan Engel, Daniel Gomez, Jeffrey Gould, Stephen Schwartz, and Beth Williams Kirkland Ellis LLP, Washington, DC, for Morgan Stanley Co. LLC.
    for defendant:

    Case Number: A14A2084; A14A2085

    The Court of Appeals affirmed the trial court's judgments in accordance with Court of Appeals Ru

  • City of Sandy Springs v. Mills

    Publication Date: 2015-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wade Mitchell Mitchell Law, Atlanta, and Wendell Willard, Sandy Springs, for appellant.
    for defendant: . Christopher Porterfield and Christopher Mills Busch, Slipakoff Schuh LLP, Atlanta, for appellee.

    Case Number: A14A1547

    There was evidence that the descendants of the grantor of a deed for a one acre tract of land that had been conveyed for the purposes of a family burial ground abandoned the tract and they therefore