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  • Armandroff v. Cushing

    Publication Date: 2001-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jeffrey S. Gilbert, Atlanta, for appellant.
    for defendant: Larry E. Stewart, Lawrenceville, for appellee.
    Case Number: A01A0737

    Evidence that defendant skidded into the vehicle in front of her after that driver slammed on her brakes and rear-ended plaintiff's car supported the trial court's charge on ski

  • McKenzie v. State

    Publication Date: 2001-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Raleigh McKenzie, Trion, proceeded pro se. J. Tom Morgan III, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A01A1133

    Defendant's motion to recuse his sentencing judge three years after his convictions were upheld was unt

  • Chiasson v. State

    Publication Date: 2001-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Harold J. Chiasson Jr., proceeded pro se. James D. McDade, District Attorney, and Christian Pecone, Assistant District Attorney, Douglasville, for appellee.
    for defendant:
    Case Number: A01A1436

    The officer had probable cause to stop defendant to investigate his compliance with state registration law because the dealer drive-out tag on defendant's vehicle was faded and weat

  • Carter v. Ravenwood Dev. Co.

    Publication Date: 2001-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sheila M. Carter and Samuel C. Evans, Atlanta, proceeded pro se. Kenneth M. Sissel, Lilburn, for appellee.
    for defendant:
    Case Number: A01A0722

    The trial court erred in entering a default judgment for liquidated damages because the proper amount of damages could not be determined without referring to evidence outside the plea

  • Washington Rd. Developers LLC v. Weeks

    Publication Date: 2001-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William A. Trotter III, Augusta, for appellant.
    for defendant: Allison M. Lawler Misner Scott & Grate, Atlanta, Wendell E. Johnston Jr. and William J. Williams Johnston, Wilkin & Williams, Augusta, for appellee.
    Case Number: A01A1220

    A developer who sold a structurally defective townhouse to the plaintiff could not insulate itself from liability for defects by claiming that any negligent work was performed by independent contra

  • Law Journal Press | Digital Book

    Class Actions: The Law of 50 States

    Authors: 2024 Author: Gerald L. Maatman, Jr., 2022 & 2023 Authors: Gary F. Lynch, Kelly K. Iverson and Jamisen Etzel, 2019 – 2021 Author: Matthew D. Schultz

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  • Smith v. State

    Publication Date: 2001-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gregory J. Lohmeier, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Jeanne M. Canavan, Assistant District Attorney, and Joseph N. Walden III, Assistant Solicitor, Decatur, for appellee.
    Case Number: A01A1057

    A police officer's testimony regarding an identification that he witnessed is not subject to a hearsay obje

  • State v. Staley

    Publication Date: 2001-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Spencer Lawton Jr., District Attorney, and Gregory M. McConnell, Assistant District Attorney, Savannah, for appellant.
    for defendant: Brenda J. Bernstein, Atlanta, for appellee.
    Case Number: A01A0306

    Warrants to search defendant's apartment and computer for pornographic materials were not supported by probable cause in the absence of a nexus between the apartment or the computer and defendant's

  • Church of the Nativity Inc. v. Whitener

    Publication Date: 2001-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William M. Phillips, Ringgold, for appellant.
    for defendant: Clifton M. Patty Jr., Ringgold, for appellees.
    Case Number: A00A2307

    Non-use of an express easement did not constitute ab ent, absent evidence of an intent to ab

  • In the Interest of A. M. W.

    Publication Date: 2001-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Josephine E. Graddy and Berrien L. Sutton Sutton & Associates, Homerville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, and Shalen S. Nelson, Assistant Attorney General, Atlanta, F. Shea Browning Helms & Helms PC, Charles R. Reddick and Clayton A. Tomlinson, Homerville, for appellee. Other party representation: Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Laura W. Hyman, Assistant Attorney General, and John C. Shelton, Atlanta.
    Case Number: A01A0195

    Evidence that mother was unemployed, was prohibited from unsupervised contact due to her sentence for cruelty to children and refused to admit wrong in failing to intervene when her husband sexually

  • Brown v. Macheers

    Publication Date: 2001-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Manley F. Brown, John C. Clark and Jarome E. Gautreaux O'Neal, Brown & Clark PC, Charles R. Adams III Adams & Adams LLP, and Tracey L. Dellacona, Macon, for appellant.
    for defendant: . John E. Hall Jr. and Deborah S. Moses Hall, Booth, Smith & Slover PC, Atlanta, for appellee.
    Case Number: A01A0019

    Plaintiff should have been allowed to question defendant about his seemingly surprised reaction to testimony that decedent took aspirin just before surgery since aspirin increased the risk of the ex