• Truist Bank f/k/a Branch Banking and Trust Company v. Stark

    Publication Date: 2021-04-08
    Practice Area: Banking and Finance Laws
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Brian Levy, Paul Durdaller, (Burr & Forman LLP), Atlanta, for appellant.
    for defendant: John Christy, Jonathan Akins, (Schreeder Wheeler & Flint, LLP), Atlanta, for appellee. Corporation Service Company Registered Agent Wells Fargo Bank NA, Norcross, for other party.

    Case Number: A20A2000

    Trial Court Erred in Holding That Disposable Earnings Limitation Applied to Disputed Funds in Garnishment Case

  • Patel v. Diplomat 1419VA Hotels, LLC et al.

    Publication Date: 2021-04-07
    Practice Area: Contractual Disputes
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Scott Ratchick, (Chamberlain Hrdlicka), Atlanta, for appellant.
    for defendant: Sherri Buda, Bryan Knight, (Knight Johnson LLC), Atlanta, for appellee. Michael Robl, (Robl Law Group LLC), Tucker, for other party.

    Case Number: A20A1672

    Court affirms summary judgment claims in favor of defendants on plaintiff's fraud and breach of contract claims relating to mismanagement of a hotel investment

  • Norman v. The State

    Publication Date: 2021-04-02
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William McIntosh, (Western Circuit Public Defender Office), Athens, for appellant.
    for defendant: Carroll Chisholm, Ethan Makin, (Athens-Clarke County Solicitor General's Office), Athens, for appellee.

    Case Number: A20A1995

    Appellant Bears the Responsibility of Timely Filing a Transcript of the Motion for a New Trial Hearing; Trial Court Did Not Err in Dismissing Appeal

  • Pattarozzi v. The State

    Publication Date: 2021-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Steven Miller, (Attorney at Law), Summerville, for appellant.
    for defendant: Christopher Arnt, Herbert Franklin, Jessalyn Barrett, (Walker County District Attorney's Office), LaFayette, for appellee.

    Case Number: A20A1994

    Convicted Sex Offender Fails to Show That His Trial Counsel Rendered Ineffective Assistance by Failing to Object to Four Exhibits

  • Bowman v. The State

    Publication Date: 2021-04-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge PHIPPS
    Attorneys: For plaintiff: Lamar Bowman, (Wheeler Correctional Facility), Alamo, for appellant.
    for defendant: Patsy Austin-Gatson, Daniel Porter, (Gwinnett County District Attorney), Lawrenceville, Daniel Sanmiguel, (Hall County Solicitor's Office Office of the Solicitor-General), Gainesville, for appellee.

    Case Number: A20A1930

    Court Denies State's Motion to Dismiss Appeal From Denial of 'Motion to Vacate Void Sentence'; Untimely Notice of Appeal 'Ripened' When Later Order Was Filed

  • Houston et al. v. James

    Publication Date: 2021-03-25
    Practice Area: Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Julie Liberman, (Julie A. Liberman, LLC), Decatur, James Tramel, Elaine Nietmann, (Attorney at Law), Lilburn, Brunswick, for appellant.
    for defendant: Michael Cummings, (Michael H. Cummings II, LLC), Clayton, for appellee.

    Case Number: A20A1689

    Court reverses summary judgment order, finding that questions of fact existed as to whether a son had prescriptive title to a deceased father's property

  • Woodstone Townhouses, LLC v. Southern Fiber Worx, LLC et al.

    Publication Date: 2021-03-25
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Kermit Dorough, (Kermit S. Dorough, Jr., LLC), Albany, for appellant.
    for defendant: Douglas Dean, (Lawson & Reid), Cordele, for appellee.

    Case Number: A20A1857

    Court variously affirms and denies multiple summary judgment orders in a dispute over property rights, easements, and trespass by contractor at an apartment complex

  • Thompson v. The State

    Publication Date: 2021-03-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Robert Persse, Savannah, for appellant.
    for defendant: Margaret Heap, Emily Puhala, (District Attorney), Savannah, Shalena Jones, (Eastern Judicial Circuit), Savannah, for appellee.

    Case Number: A20A1601

    Court affirms convictions for theft by taking, felony fleeing, and other crimes over defendant's contentions of insufficient evidence and sentencing error.

  • Kerr v. Wilson

    Publication Date: 2021-03-22
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jonathan Kerr, Brunswick, for appellant.
    for defendant: Stacey Wilson, Cornelia, for appellee.

    Case Number: A20A1668

    Court vacates an award that domesticated an out-of-state divorce decree but affirms a second award for contempt for failure to pay child support

  • Torres v. The State

    Publication Date: 2021-03-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Anthony Carter, (Walton County Public Defender's Office Walton County Annex), Monroe, for appellant.
    for defendant: Layla Zon, (District Attorney), Covington, Randal McGinley, (Newton County District Attorney's Office), Covington, Jacqueline Fletcher, (Walton County District Attorney's Office), Monroe, for appellee.

    Case Number: A20A1596

    Court affirms trial court sentencing order that included partially concurrent and partially consecutive elements where probation was concurrent with confinement