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  • Addison v. State

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William L. Jones, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Nigel R. Lush, Assistant District Attorney, LaGrange, for appellee.
    Case Number: A01A2205

    Defendant's stipulation that he was a convicted felon and his admission that he borrowed the firearm found in his admission supported his conviction for a firearms of

  • Cox v. Southern Guaranty Ins.

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Floyd H. Farless, Rome, for appellant.
    for defendant: Joan G. Crumpler Barrickman, Allred & Young LLC, Robert M. Darroch, Nathan W. Kotas Mabry & McClelland, and Michael T. Thornton, Atlanta, for appellees.
    Case Number: A01A1996

    Claim arising from a collision involving insured truck was excluded from coverage under a commercial general liability policy's driver exclusion that excluded coverage for losses arising out of aut

  • Wilkes v. State

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Clyde M. Urquhart, Woodbine, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, and George C. Turner Jr., Assistant District Attorney, Woodbine, for appellee.
    Case Number: A01A1798

    Evidence that the defendant drove a tractor-trailer truck at an excessive rate of speed through a portion of highway under construction and hit the back of the victims' vehicle killing the passenger

  • Buchanan v. State

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert R. McNeill, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and John S. Melvin, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A01A2435

    There was no evidence that the ant possessed or controlled the unoccupied stolen vehicle officers found parked and with the engine running in the parking lot of a fast food restaurant that the

  • Baiye v. Gober

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Patricia K. Buonodono, Kennesaw, for appellant.
    for defendant: . John A. Roberts The Roberts Law Firm, Atlanta, for appellee.
    Case Number: A02A0866

    A jury question remained as to whether p ff served defendants with his request for admissions since the return of service did not indicate service of anything other than the summons and comp

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    Executive Stock Options and Stock Appreciation Rights

    Authors: Herbert Kraus

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  • Myers v. Funderburk

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jerry C. Carter Jr., Gainesville, for appellant.
    for defendant: Troy R. Millikan, Gainesville, for appellee.
    Case Number: A01A2242

    The fact that the purchaser of real property knew that the property was subject to forfeiture did not defeat his breach of warranty of title

  • DeKalb County, Ga. v. C. W. Matthews Contracting Co. Inc.

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joan F. Roach, Chief Assistant County Attorney, Daniel S. Digby, Assistant County Attorney, Decatur, and Dana B. Miles Miles, McGoff & Moore LLC, Atlanta, for appellant.
    for defendant: William R. Johnson Moore, Ingram, Johnson & Steele, Marietta, for appellee.
    Case Number: A01A2361

    The trial court erred in granting summary judgment to contractor based on a statute of limitation defense without considering whether defendant fraudulently concealed that it punctured one of the c

  • Ishak v. Lanier Contractors Supply Co.

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ronald K. Woods, Atlanta, for appellant.
    for defendant: Dana B. Miles Miles, McGoff & Moore LLC, Atlanta, for appellee. Other party representation: Edward F. Danowitz, Atlanta.
    Case Number: A01A1844

    Evidence that an individual defendant conveyed a corporation's primary asset to himself without payment of adequate consideration and appropriated corporate funds for his own personal use supported

  • Bossard v. Atlanta Neighborhood and Dev't Partnership Inc.

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James L. Ford Sr. and Michael G. Webb Ford & Barnhart, Atlanta, for appellant.
    for defendant: Heather C. McGrotty, Jason P. King Hall, Booth, Smith & Slover PC, Peter R. York and William H. Major III Hawkins & Parnell, Atlanta, for appellees.
    Case Number: A01A2139

    Although the plaintiff knew that there were multiple overhead lines in the area where he was installing metal gutters, there was no evidence that he knew that one of the lines was energized and unin

  • Hall v. State

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joshua D. Earwood, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Sharon M. Fox, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A02A0587

    The trial court properly excluded the victim's prior accusation of molestation because defendant failed to show that the accusation had a reasonable probability of being