• Pabian Outdoor Aiken Inc. v. Dockery

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: M. Joseph Reitman Jr. Lambert & Roffman, Madison, for appellant.
    for defendant: George H. Rountree Brown & Rountree, Statesboro, for appellee.

    Case Number: A02A0610

    Issues of fact remained as to whether defendant reasonably relied on plaintiff's agreement to allow defendant to install and maintain billboards on her pro

  • Insurance Dep't of the State of Ga. v. St. Paul Fire & Cas. Ins. Co.

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Robert S. Bomar, Deputy Attorney General, Harold D. Melton, Senior Assistant Attorney General, and Sidney R. Barrett Jr., Assistant Attorney General, Atlanta, for appellant.
    for defendant: . Ralph B. Levy, Richard L. Shackelford, Robert M. Keenan III and Michael A. Sexton King & Spaulding, Atlanta, for appellees.

    Case Number: A02A0245

    Defendants did not violate the insurance code's prohibitions against cancellation of an entire line or class of business by declining to renew 1,260 stand-alone medical malpractice insurance pol

  • Edwards v. State

    Publication Date: 2002-02-15
    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: A02A0459

    The trial court did not err in allowing the prosecution to give the jury a transcript of the victim's audiotaped interview before playing the tape for the jury because the court issued a cautionary

  • Anderson v. State

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Glenville Haldi, Roswell, for appellant.
    for defendant: Norman S. Gunter, District Attorney, Dahlonega, and Lynn M. Akeley-Alderman Turner, Willis & Alderman LLP, Gainesville, for appellee.

    Case Number: A01A1971

    The end-of-term time limitation on a superior court's jurisdiction over a defendant's motion to withdraw a guilty plea is an inherently procedural matter that does not deprive a defendant of a fund

  • Turner v. Butler

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas J. Browning Barnes, Browning, Tanksley & Casurella, Marietta, for appellant.
    for defendant: Robert S. Stubbs III Banks, Stubbs & Neville, Cumming, and Dana A. Azar, Decatur, for appellee.

    Case Number: A00A1391

    The Court of Appeals adopted the Supreme Court's judgment that defendant was not entitled to a directed verdict or j.n.o.v. with regard to plaintiff's claim that he fraudulently misrepresented his i

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    Due Diligence in Business Transactions

    Authors: Gary M. Lawrence

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  • Lanier v. State Farm Mut. Ins. Co.

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Theodore Salter Jr. Salter & Richards, and Tracy W. Middlebrooks III, Atlanta, for appellant.
    for defendant: Wilbur C. Brooks Mabry & McClelland LLP, and Jacqueline N. Reagin Sharon W. Ware & Assocs., Atlanta, for appellee.

    Case Number: A01A1739

    Evidence that the minor plaintiff and his mother were living with the insured at the time of their accident with an uninsured driver raised an issue of fact as to whether the minor plaintiff was a r

  • Fodor v. Fodor

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Warren A. Sellers, Fayetteville, for appellant.
    for defendant: Marcus G. Howell Sr., Fayetteville, for appellee.

    Case Number: A01A1779

    An ex-husband's obligation to make mortgage payments on the marital residence as part of the equitable division of marital property constituted a money judgment subject to garnis

  • Feagin v. State

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Monica T. Myles, Douglas County Public Defender, Douglasville, and Mary Erickson, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, Douglasville, for appellee.

    Case Number: A02A0618

    The trial court's improper comment on the evidence while charging the jury did not require reversal since the comment involved evidence that was not in di

  • In re D. J.

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Michele W. Ogletree, Harold A. Sturdivant Sullivan & Sturdivant, Griffin, and Ryan M. Reid, Monroe, for appellant.
    for defendant: William T. McBroom III, District Attorney, and James E. Sherrill, Fayetteville, for appellee.

    Case Number: A01A2483

    The state failed to prove that the juvenile defendant acquired possession or control of a stolen van where his accomplice's testimony provided the only evidence that the juvenile drove th

  • Glenn v. State

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Dennis T. Blackmon, Carrollton, for appellant.
    for defendant: . Peter J. Skandalakis, District Attorney, LaGrange, and Tara M. Wilson, Assistant District Attorney, Carrollton, for appellee.

    Case Number: A02A0392

    Defen were not entitled to a charge on self-defense where there was no evidence that either victim attempted or verbally threatened to harm the defen