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  • Butler v. The State

    Publication Date: 2022-05-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Raffauf Joseph, (Attorney at Law), Roswell, for appellant.
    for defendant: Sherry Boston, Deborah Wellborn, (Dekalb County District Attorney), Decatur, for appellee.
    Case Number: A22A0146

    Court affirms convictions for vehicular homicide and DUI over defendant's multiple

  • The Coastal Bank v. Rawlins et al.

    Publication Date: 2022-05-02
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Glen Darbyshire, Andrew Dekle, (Bouhan Falligant), Savannah, for appellant.
    for defendant: Brent Savage, (Savage Turner & Pinckney PC), Savannah, Brent Savage, (Attorney at Law), Savannah, for appellee.
    Case Number: A22A0286

    Court affirms denial of a bank's motion for attorney's fees and costs in a matter over disputed payments, finding that the bank did not make a good faith settlement offer

  • Cuffie et al. v. Armstrong et al.

    Publication Date: 2022-04-29
    Practice Area: Civil Procedure | Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Thomas Cuffie, Magua Benson, (Cuffie & Associates, P.C.), Atlanta, for appellant.
    for defendant: Timothy Gardner, (Gardner Trial Attorneys), Atlanta, for appellee.
    Case Number: A20A0072

    Statute of limitations for legal malpractice claim in a negligence case begins on the last day when injured party's counsel could have started an underinsured motorist claim

  • In the Interest of J. W., a Child

    Publication Date: 2022-04-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Paige Pastor, Ryan Sheffield, (Atlanta Cicuit Public Defender's Office), Atlanta, for appellant.
    for defendant: Fani Willis, Francis Wakeford, Brett Pinion, (Office of the Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A22A0311

    Juvenile Court Lacked Authority to Commit Juvenile to Custody of Department of Juvenile Justice for Parole Violation

  • Tuggle et al. v. Ameris Bank

    Publication Date: 2022-04-29
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Arroyo, (William H. Arroyo & Associates), Tucker, for appellant.
    for defendant: Jeremy McCullough, (McCullough LLC), Atlanta, for appellee.
    Case Number: A22A0256

    Court affirms summary judgment in favor of a bank in an action over fraudulent transfer of real properties, but reverses attorney fee award

  • Law Journal Press | Digital Book

    Whistleblower Law: A Practitioner’s Guide

    Authors: Lisa J. Banks, Jason C. Schwartz

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  • Somani et al. v. Cannon et al.

    Publication Date: 2022-04-28
    Practice Area: Civil Procedure | Trusts and Estates | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: John Blair, Austin Hammock, (Levy Sibley Foreman & Spier LLC), Columbus, for appellant.
    for defendant: Stephen Carter, Kimberly Higginbotham, (The Gordon Law Firm, Attorneys at Law, LLC), Hartwell, for appellee.
    Case Number: A22A0536

    Minor's Wrongful Death Claims Were Not Time-Barred Following Earlier Law Suits

  • Williams v. The State

    Publication Date: 2022-04-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Greg Bell, (Greg Howard Bell, LLC), Warner Robins, for appellant.
    for defendant: George Hartwig, William Kendall, (District Attorney's Office, Houston Judicial Circuit), Perry, for appellee.
    Case Number: A22A0058

    Court affirms armed robbery convictions over defendant's contentions of ineffective assistance of counsel and trial court error as to conducting a competency hearing

  • C.R. of Thomasville, LLC et al. v. Hannaford et al.

    Publication Date: 2022-04-27
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Craig Brookes, (Attorney at Law), Atlanta, Dennis Brown, (Huff Powell Bailey, LLC), Atlanta, for appellant.
    for defendant: Daniel Cotter, (Law Offices of Daniel W. Cotter, P.C.), Decatur, Anna Cross, (The Cross Firm LLC), Decatur, Darren Summerville, Meredith Kincaid, (The Summerville Firm, LLC), Atlanta, Scott Gwartney, (Brooks Leboeuf Foster Gwartney Leace & Hobbs), Tallahassee, Maxwell Thelen, (Ashby Thelen Lowry), Marietta, for appellee.
    Case Number: A22A0094

    Court affirms denial of nursing facility's motion to dismiss a negligence complaint in favor of arbitration because arbitration agreement was not signed by plaintiff's agent

  • Massey v. State Farm Fire and Casualty Company

    Publication Date: 2022-04-27
    Practice Area: Civil Procedure | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Harry Daniels, (Daniels and Cauble, P.C.), Newnan, for appellant.
    for defendant: Mark Dietrichs, Rebecca Strickland, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.
    Case Number: A22A0114

    Court affirms summary judgment in favor of an insurer on a property damage claim because insured cause of action in her renewal complaint was time-barred

  • Collins v. State of Georgia

    Publication Date: 2022-04-26
    Practice Area: Court Administration | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Alan Begner, Eric Coffelt, (Begner & Begner, P.C.), Atlanta, for appellant.
    for defendant: John Edwards, Marietta, John Melvin, (District Attorney), Marietta, for appellee.
    Case Number: A22A0442

    State Lacked Authority to Institute Criminal Contempt Proceedings In Civil Action Between Private Parties