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  • Sewell v. Cancel

    Publication Date: 2015-05-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alfred Adams, Cynthia Burnside, Heather Calhoun, and Leland Kynes Holland Knight LLP, Atlanta, for Sewell. Ranse Partin Conley Griggs Partin LLP, and W. Ray Persons King Spalding, Atlanta, for Faulk. George McGriff, Eric Wyatt George W. McGriff Associates, Roswell, and Nicholas Dumich, Marietta, for Cancel. Other party representation: Richard Shackelford King Spalding, Atlanta, and Lorenzo Williams, Stuart, FL.
    for defendant:
    Case Number: A12A1951; A12A1952

    The defendants were entitled to summary judgment on the plaintiffs' breach of fiduciary duty and fraud c

  • State of GA v. Sun States Ins. Group Inc.

    Publication Date: 2015-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Isaac Byrd, Deputy Attorney General, Jeffrey Stump, Assistant Attorney General, and Daniel Walsh Attorney General's Office, Atlanta, for State of Georgia. Richard Robbins, Alexa Ross, and Alexander Denton Robbins Ross Alloy Belinfante Littlefield LLC, Atlanta, for Reg. Tech.Thomas Gallo Barnes Thornburg LLP, and Richard Robbins Robbins Ross Alloy Belinfante Littlefield LLC, Atlanta, for Sun States.
    for defendant:
    Case Number: A14A2119; A14A2120

    The trial court erred in finding that the State of Georgia had waived sovereign immunity through the Insurers Rehabilitation and Liquidatio

  • Archer Forestry LLC v. Dolatowski

    Publication Date: 2015-05-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Laura Albright, Frederick Valz Carlock, Copeland Stair LLP, Atlanta, and John Godsey The Godsey Firm LLC, Norcross, for appellant.
    for defendant: . Frank Jenkins and Robert Walker Jenkins Bowen PC, Cartersville, for appellee. Other party representation: Lloyd Hedrick Hedrick Law LLC, Peter Jacxsens, and William Major Hawkins Parnell Thackston Young LLP, Atlanta.
    Case Number: A14A2210

    Individual defendant was driving his employer's ve for a purely personal mission of his own and was not acting within the scope of his employment when he collided with plaintiff's ve

  • Cohen v. Wachovia Mortgage Corp.

    Publication Date: 2015-05-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ryan Strickland The Strickland Firm, Marietta, for appellant.
    for defendant: . Deborah Livesay, Gregory Schultz, Donald P. Boyle Jr. Taylor English Duma LLP, and John Hinton Baker, Donelson, Bearman, Caldwell Berkowitz PC, Atlanta, for appellee.
    Case Number: A14A1656

    The statute of limitations barred a mortgage corporation's suit seeking equitable reformation of a security

  • DeKalb County v. Heath

    Publication Date: 2015-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Laura Johnson, Chief Assistant County Attorney, and Kendric Smith DeKalb County Law Department, Decatur, for appellant.
    for defendant: Elizabeth Rodger, Samuel Starks Martin Jones PLLC, Atlanta, and George Olson Martin Jones PLLC, Raleigh, N.C., for appellee.
    Case Number: A14A1887

    Res judicata did not bar the plaintiff's inverse condemnation action against DeKalb County arising from the ongoing and increasing damage resulting from the County's failure to maintain its storm wa

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    Texas Legal Malpractice & Lawyer Discipline 2023

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Pressley v. State

    Publication Date: 2015-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Rodney Zell Zell Zell PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Christopher Quinn, and Charles Grimsley District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A14A1431

    The State was entitled to rehabilitate a witness's credibility by introducing evidence that he was testifying willingly after the defense introduced evidence that the State had paid for the witness'

  • Odle v. State

    Publication Date: 2015-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Patricia Moon, Conyers, for appellant.
    for defendant: Richard Read, District Attorney, and Roberta Earnhardt, Senior Assistant District Attorney, Conyers, for appellee.
    Case Number: A14A2028

    The evidence, including the alleged accomplice's testimony, sufficiently supported the defendant's convictions in connection with a bank ro

  • Williams v. State

    Publication Date: 2015-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alfred Williams, Pelham, proceeded pro se. George Barnhill, Chief Assistant District Attorney, Bradley Collins District Attorney's Office, and Richard Currie, Waycross, for appellee.
    for defendant:
    Case Number: A14A2163

    The trial court properly denied the defendant's untimely motions to modify sentence, for withdrawal of his guilty plea and for the appointment of co

  • In the Interest of C. M.

    Publication Date: 2015-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mushiya Kabemba-Warren Public Defender's Office, Cedartown, for appellant.
    for defendant: Oliver Browning, District Attorney, Carrollton, and Dustin Strobel District Attorney's Office, Cedartown, for appellee.
    Case Number: A14A2129

    The juvenile court properly sentenced the then-14-year-old to restrictive cu

  • Parrott v. State

    Publication Date: 2015-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Benjamin Goldberg, Mableton, for appellant.
    for defendant: Scott Ballard, District Attorney, Griffin, and Robert Smith, Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A14A1715

    Absent a transcript of closing arguments, the defendant could not show that the trial court erred in failing to take curative action when the prosecutor made what the defendant claimed was a future