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Publication Date: 2017-01-17
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 appellant.
for defendant: . Robert Monyak and Jonathan Peters Peters Monyak LLP, Atlanta, for appellees. Amicus Curiae: Ann Ferebee, Jennifer Odom Bryan Cave LLP, Katherine Smallwood, Atlanta, and Leonard Searcy Shook, Hardy Bacon LLP, Kansas City, MO.
Case Number: A14A1960
In a negligence suit arising out of the death of a dog following its stay at a boarding facility, owners were entitled to recover the dog's fair market value plus interest and any reasonable medica
Publication Date: 2016-12-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Andrew Lavoie and John Christy Schreeder, Wheeler Flint LLP, Atlanta, for appellant.
for defendant: David Cranshaw Morris, Manning Martin, Atlanta, for appellee.
Case Number: A16A1434
The trial court did not abuse its discretion in considering an amended affidavit plaintiff filed after it filed its motion for summary judgment in its suit to collect sums allegedly owed it under a
Publication Date: 2016-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Teresa Doepke Public Defender's Office, Covington, for appellant.
for defendant: Layla Zon, District Attorney, Covington, and Cara Fiore District Attorney's Office, Monroe, for appellee.
Case Number: A16A1122
The trial court did not abuse its discretion in admitting certain similar transaction evidence in defendant's trial for child molestation, aggravated child molestation, statutory rape, rape and infl
Publication Date: 2016-12-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Bentley Adams and Robin King Public Defender's Office, Columbus, for appellant.
for defendant: Julia A. Slater, District Attorney, Sadhana Dailey, Assistant District Attorney, and Robert Bickerstaff District Attorney's Office, Columbus, for appellee.
Case Number: A16A1150
The evidence, including the victim's testimony and DNA evidence, supported defendant's conviction for child molest
Publication Date: 2016-11-21
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Bill Williams, Alamo, proceeded pro se. D. Victor Reynolds, District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.
for defendant:
Case Number: A16A0812
The Court could not determine from the record whether the trial court carried out its duty to notify appellant of the denial of his motion to withdraw his guilty plea as required under O.C.G.A. § 15
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Publication Date: 2016-11-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: James Spence Wilson Morton Downs LLC, Decatur, and Curt Thompson Thompson Associates Law Firm PC, Norcross, for appellant.
for defendant: Matthew Krull, Solicitor General, Douglasville, and Charles Olson Prosecuting Attorneys' Council of GA, Morrow, for appellee.
Case Number: A16A0923
The Court reversed the order finding attorney in criminal contempt in connection with his representation of a client in a civil matter, as attorney did not knowingly waive his right to co
Publication Date: 2016-11-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: M. Andy Clark, Atlanta, Quentin Sigel Ryan Law Firm LLP, Austin, Texas, and Brian Browdy Ryan Law Firm LLP, Chicago, IL, for appellant.
for defendant: Samuel S. Olens, Attorney General, Alex Sponseller, Senior Assistant Attorney General, and Nancy Gallagher Attorney General's Office, Atlanta, for appellee.
Case Number: A16A1274
Electrical contractor was subject to sales tax liability, pursuant to the contractor-as-consumer rule, for materials it purchased and stored in Georgia for a construction contract performed in Afghan
Publication Date: 2016-11-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Charles Cole Owen Gleaton Egan Jones Sweeney LLP, Atlanta, for appellant.
for defendant: Richard Sanders The Sanders Law Firm PC, Atlanta, Adam Walters, Savannah, and Robert Guy, Saint Marys, for appellee.
Case Number: A16A1120
The trial court erred in denying plaintiff's m for new trial without first holding a hearing on the m
Publication Date: 2016-11-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Donald Roch, Canton, for appellant.
for defendant: Shannon Wallace, District Attorney, Cliff Head, Assistant District Attorney, and Lara Snow District Attorney's Office, Canton, for appellee.
Case Number: A16A0944
Pretermitting whether State had a duty to disclose exculpatory information regarding an informant, defendant could not establish a reasonable probability that the trial result would have been differ
Publication Date: 2016-10-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Jazmin Wilson, Conyers, proceeded pro se. Ricardo Bravo, Augusta, and Charles Sheppard, Evans, for appellee.
for defendant:
Case Number: A16A1312
The trial court did not abuse its discretion in modifying custody of parties' minor daughter in favor of father, as there was some evidence to support the trial court's finding that a change in cust
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