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  • Cooley v. City of Carrollton

    Publication Date: 2001-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Graylin C. Ward, Newnan, for appellant.
    for defendant: . Thurbert E. Baker Jr., Attorney General, Brenda A. Raspberry, Assistant Attorney General, Harry W. Bassler Crim & Bassler, Atlanta, and Caryl S. Black, Dunwoody, for appellees.
    Case Number: A01A0889

    City's exclusive use and control of college's pool during program sessions for the disabled rendered immune from liability under the Recreational Propert

  • Driskell v. Empire Fire and Marine Ins. Co.

    Publication Date: 2001-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles A. Mathis Jr. Middleton, Mathis, Adams & Tate, Herald J. Alexander Alexander Law Firm PC and William J. Cobb, Atlanta, for Driskell. L. Bruce Hedrick, William E. Gray and Linda M. Fitzgerald Gray, Hedrick, & Edenfield LLP, Atlanta, for Empire Fire and Marine. Other party representation: Scott C. Commander Nix, Commander & Campo, Decatur.
    for defendant:
    Case Number: A00A2169; A00A2170

    Motor carrier had coverage for vehicles not listed in its insurance policy under a Form F endorsement which was required by law, so insurer had a duty to defend the motor carrier in a lawsuit involv

  • Carthon v. State

    Publication Date: 2001-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Larkin M. Lee Virgil Brown & Assocs., Zebulon, for appellant.
    for defendant: William T. McBroom III, District Attorney, Fayetteville, and Ronnie Poole, Assistant District Attorney, Thomaston, for appellee.
    Case Number: A00A2237

    Because defendant was under arrest when the officer placed her in the back seat of his locked patrol car, he should have read defendant her implied consent rights before he took her to the hospital

  • Smith v. State

    Publication Date: 2001-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wayne L. Burnaine, Lawrenceville, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A00A2298

    The trial court should have severed defendant's trials for raping his neighbor and molesting his 4-year-old grandson in absence of evidence that the transactions were part of a single crime spree or

  • Withington v. Valuation Group Inc.

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stanley E. Kreimer Jr., Atlanta, for appellant.
    for defendant: James J. Brissette, Atlanta, for appellee.
    Case Number: A00A1944

    Defendant was not entitled to a directed verdict in the plaintiff's breach of contract suit because the evidence would have authorized the jury to conclude that defendant acted in bad faith in gener

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    Reorganizations Under Chapter 11 of the Bankruptcy Code

    Authors: Richard F. Broude

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  • Bogle v. Bragg

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Marvin P. Nodvin The Nodvin Firm LLC, Atlanta, for appellant.
    for defendant: Robert G. Tanner Weinberg, Wheeler, Hudgins, Gunn & Dial, Robin N. Loeb and Ann H. Coolidge-Kaplan Garland, Samuel & Loeb, Atlanta, for appellees.
    Case Number: A00A2081

    Plaintiff could not show justifiable reliance on any material misrepresentations regarding liens on real property owned by a company that he invested in because the liens were a matter of public r

  • Glaza v. Morgan

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Nelson G. Turner Turner, Turner & Turner PC, Atlanta, for appellant.
    for defendant: Miles W. Rich, Roswell, for appellee.
    Case Number: A01A0693

    Mother was not entitled to attorneys' fees in a change of custody action where the trial court granted the father additional r

  • Summage v. State

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alan J. Baverman and Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Marsha S. Lake, Assistant Solicitor General, and Maria B. Golick, Assistant District Attorney, Marietta, for appellee.
    Case Number: A00A2529

    The trial court violated the continuing witness rule by allowing the jurors to replay the victim's videotaped interview in the jury room during delibera

  • Satterfield v. State

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Justin J. Wyatt, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Maria B. Golick, Assistant District Attorney, Marietta, for appellee.
    Case Number: A00A2107

    Because involuntary serv is a constitutional violation, not a criminal defense, the trial court properly refused to give defendant's requested charges on involuntary serv

  • North Georgia Crisis Network Inc. v. City of Blue Ridge

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James L. Bass, Blue Ridge, for appellant.
    for defendant: Terry L. Miller Mitchell & Mitchell, Dalton, for appellee.
    Case Number: A00A1884

    The trial court properly applied an amended R-1 zoning ordinance in enjoining defendant's operation of a domestic violence shelter on its pro