• The State v. Morgan

    Publication Date: 2018-06-29
    Practice Area: Criminal Law | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge PHIPPS
    Attorneys: For plaintiff: Leigh Patterson (District Attorney), Rome; Anthony Williams (Assistant District Attorney), Dallas; Emily Harsen (Paulding County District Attorney's Office), Dallas, for appellant.
    for defendant: Robert Rutledge (Robert Christian Rutledge PC), Rome, for appellee.

    Case Number: A18A0433

    Defendant Not Justified In Using Violent Force Against Spouse In Response To Her Threat to Put His Dog Outside Their House

  • Holmes et al. v. Lyons et al.

    Publication Date: 2018-06-29
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Bird, Paul Hotchkiss (Bird Law Group PC), Atlanta; Irwin Ellerin (Ellerin Law Firm), Atlanta, for appellant.
    for defendant: Francesca Townsend, Daniel Huff, Trevor Newberry (Huff Power & Bailey LLC), Atlanta; Ashley Purcell, Kristen Rajagopal, Annalese Herndon (Hall Booth Smith PC), Atlanta, for appellee. Paul Reynolds, Atlanta; M. Reynolds (Houck Reynolds LLC), Atlanta, for amicus curiae.

    Case Number: A18A0277

    Medical Malpractice Plaintiff Stated Claim That Surgeon's Failure to Disclose His Numerous Physical Infirmities Caused Preventable Injuries

  • Barbour v. Sangha et al.

    Publication Date: 2018-06-28
    Practice Area: Civil Procedure | Court Administration
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Wayne Kendall (Attorney at Law), East Point, for appellant.
    for defendant: Lori Cohen, Victoria Lockard (Greenberg Traurig LLP), Atlanta, for appellee.

    Case Number: A18A0294

    Trial Court Had Discretion to Accept Answer to Complaint After Erroneous Rejection of Defendant's E-Filed Documents

  • RLI Insurance Company v. Duncan

    Publication Date: 2018-06-21
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Clay O'Daniel, Susan Mentel (O'Daniel McDonald, LLC), Atlanta, for appellant.
    for defendant: Matthew Wetherington, Benjamin Lev, Robert Friedman (The Werner Law Firm), Atlanta; Nola Jackson (Werner Wetherington PC), Atlanta; Michael Werner (Attorney at Law), Atlanta, for appellee.

    Case Number: A18A0149

    The trial court erred in denying excess insurer's motion to dismiss it from plaintiff's suit arising out of an automobile accident, because excess insurer was not a proper party.

  • Durrance v. Schad

    Publication Date: 2018-06-19
    Practice Area: Attorney Compensation | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Martin Fierman (Attorney at Law), Madison, for appellant.
    for defendant: Milton Gardner (Attorney at Law), Milledgeville, for appellee.

    Case Number: A18A0577

    Lack of Evidence Supporting Stalking Claim Warranted Award of Costs and Fees to Defendant

  • Williams v. The State

    Publication Date: 2018-06-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Angela Brown (Moore Brown Law Group, PC.), Atlanta; Roberto Hoover (Conflict Defender's Office), Americus, for appellant.
    for defendant: Bradford Rigby (District Attorney's Office of the Cordele Judicial), Cordele; Whitney Bradford (Cordele Judicial Circuit District Attorney's Office), Cordele, for appellee.

    Case Number: A18A0206

    Defendant's Appeal Presented First Opportunity For Defendant to Raise Ineffective Assistance of Counsel Claim

  • Woodson v. Lino

    Publication Date: 2018-06-15
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Miriam Arnold-Johnson (Attorney at Law), Snellville; Jean Kutner (Attorney at Law), Atlanta, for appellant.
    for defendant: Maxine Lino, Brooklyn, for appellee.

    Case Number: A18A0221

    Trial Court Failed to State Facts Justifying Ordering Father to Pay Costs of Mother's Relocation to Georgia

  • Price v. The State

    Publication Date: 2018-06-14
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jody Peterman (Attorney at Law), Valdosta, for appellant.
    for defendant: Tami Peavy-Owen (Southwestern Judicial Circuit District Attorney's Office), Americus; Plez Hardin (District Attorney Southwestern Circuit), Americus; Lewis Lamb (Southwestern Circuit D.A.'S Office), Americus, for appellee.

    Case Number: A18A0631

    The Court vacated defendant's conviction for child molestation following a bench trial because the record did not adequately demonstrate whether defendant's waiver of his right to a jury trial was knowing and voluntary.

  • Durham v. The State

    Publication Date: 2018-06-13
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Randal McGinley (Newton County District Attorney's Office), Covington, for appellee.

    Case Number: A18A0098

    The Court vacated defendant's convictions for rape and child molestation and remanded the case for the trial court to enter a written order including findings of fact and conclusions of law as to defendant's claimed speedy-trial violation.

  • Pate v. Brian Sadlock

    Publication Date: 2018-05-23
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Mary Durant (Attorney at Law), Tucker; Kimberly Dymecki (Attorney at Law), Atlanta; Gregory Golden (Kupferman & Golden), Atlanta, for appellant.
    for defendant: Todd Boyce (Boyce Larsen LLC), Decatur; Adriana de la Torriente (Torriente Marum LLC), Decatur, for appellee. Cherese Clark-Wilson (Clark Lowery & Lumpkin LLC), Atlanta, for other party.

    Case Number: A18A0395

    Trial Court Increased Grandparents' Visitation Rights Without Applying Required Standard