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  • Hall County v. Cook Communities

    Publication Date: 2023-08-16
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Dana Maine, Marrissa Dunn, (Freeman Mathis & Gary LLP), Atlanta, Kevin Ketner, Atlanta, for appellant.
    for defendant: Jane Range, (Hulsey, Oliver & Mahar), Gainesville, for appellee.
    Case Number: A23A0055

    Court affirms an order denying County's motion to dismiss a lawsuit challenging a rezoning decision, finding that the challenge was legislative and not quasi-judicial.

  • Holt v. Rickman et al.

    Publication Date: 2023-07-10
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Michael Hill, (Mayo Hill), Macon, for appellant.
    for defendant: Matthew Barr, (Hawkins Parnell Thackston & Young LLP), Atlanta, Matthew Dickinson, (Attorney at Law), Winston-Salem, for appellee.
    Case Number: A23A0612

    Impact Rule Precluded Claim For Emotional Distress Arising From Plaintiff's Discovery of Maintenance Worker in Her Bed

  • In re Wheeler

    Publication Date: 2023-07-06
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Daniel Greenfield, (Jack F. Witcher), Bremen, Nicholas Rego, (Nicholas J. Rego, LLC), Tallapoosa, Cassi Witcher Cain, (Jack F. Witcher, Attorney at Law), Bremen, for appellant.
    for defendant: Andrew Lovvorn, Brianna Maxwell, (Tisinger Vance PC), Carrollton, for appellee.
    Case Number: A23A0510

    Court affirms a probate court's appointment of an independent guardian and conservator in response to a petition filed by an elderly person's grandson

  • Anderson et al. v. David et al.

    Publication Date: 2023-07-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: R. Edwards, (Cochran & Edwards, LLC), Smyrna, Robert Jenkins, (Smith & Jenkins, P.C.), Hagan, Eric Logan, (Attorney at Law), Douglas, for appellant.
    for defendant: Jeffrey Schneider, Kimberly Sturm Brandon Arnold, Jacob O'Neal, (Weissman, P.C.), Atlanta, for appellee.
    Case Number: A23A0292

    Court reverses a summary judgment grant and construes an easement as not having conveyed sole and exclusive rights to a grantee and stripping away an owner's rights

  • Preferred Women's Healthcare LLC et al. v. Sain et al.

    Publication Date: 2023-06-29
    Practice Area: Evidence | Health Care Law | Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Daniel Huff, Randolph Powell, (Huff, Powell & Bailey LLC), Atlanta, Sarah Akinosho, (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: Roy Barnes, John Bevis, (The Barnes Law Group, LLC), Marietta, Matthew Coles, (Coles Barton, LLP), Lawrenceville, Mark Meliski, Marietta, for appellee.
    Case Number: A23A0413

    Plaintiff's Expert Was Qualified to Testify as to How Long Patient Might Have Lived If Cancer Had Been Diagnosed and Treated Earlier

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • The State v. Thurston

    Publication Date: 2023-06-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Anthony Williams, Matthew Rollins, (Paulding Circuit District Attorney’s Office), Dallas, for appellant.
    for defendant: Timothy Lumpkin, (Law Office of T. Bryan Lumpkin), Marietta, for appellee.
    Case Number: A23A0177

    State Could Not Remedy Order Suppressing Evidence By Applying For Second Warrant Based on Same Facts

  • In the Interest of B. A., a Child

    Publication Date: 2023-06-14
    Practice Area: Evidence | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jessica Tucker, (The Law Offices of J Nichole Tucker, LLC), Decatur, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Shalen Nelson, (Senior Assistant Attorney General), Atlanta, Emily Harris, (Department of Law), Atlanta, for appellee; Kayla Brooks, Atlanta, for other party.
    Case Number: A23A0585

    Dependency Order Not Supported by Clear and Convincing Evidence of Present Dependency

  • President v. The State

    Publication Date: 2023-06-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Frier, (Attorney at Law), Atlanta, for appellant.
    for defendant: Sherry Boston, Deborah Wellborn, (Dekalb County District Attorney), Decatur, for appellee.
    Case Number: A23A0581

    Prosecutor's Argument That Victim Was Credible Was Based on Reasonable Inference From Evidence, Not on Personal Belief

  • Delpiano v. JPMorgan Chase Bank, National Association

    Publication Date: 2023-05-29
    Practice Area: Civil Procedure | Real Estate | Tax
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Andrew Stevens, (Stevens, Stevens & Oliver, LLC), Atlanta, for appellant.
    for defendant: Gregory Krivo, (McCalla Raymer Leibert Pierce, LLC), Roswell, John Sullivan, (Burr & Forman, LLP), Atlanta, for appellee.
    Case Number: A23A0564

    Prior Property Owner Lacked Standing to Challenge Lender's Suit to Reform Security Deed

  • Colclough v. Georgia Department of Human Services et al.

    Publication Date: 2023-05-25
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Bliss, (Attorney at Law), Atlanta, Sarah Austin, (Atlanta Legal Aid Society), Decatur, for appellant.
    for defendant: Christopher Carr, Jason Naunas, Shalen Nelson, (Attorney General), Atlanta, Ladonya Horton, (Attorney at Law), Decatur, Gregory Weaver, Lithonia, for appellee.
    Case Number: A23A0721

    Court affirms order finding that a child's father is entitled to an overpayment of his child support obligations and remands for consideration of future VA benefits