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Publication Date: 2001-02-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Eugene C. Brooks IV, Savannah, for appellant.
for defendant: . Rebecca C. Benton, Pooler, Tracy O'Connell Ellis, Painter, Ratterree & Bart LLP, Savannah, and John C. Amabile Pursley, Howell, Lowery & Meeks LLP, Atlanta, for appellee. Other party representation: Paul A. Howell Jr. Pursley, Howell, Lowery & Meeks LLP, Atlanta.
Case Number: A00A1794
The 6-year statute of limitation governing simple written contracts applied to the plaintiff's suit against their builder arising out of the builder's use of synthetic s
Publication Date: 2001-02-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: David G. Kopp, Greensboro, and Jesse Copelan Jr., Eatonton, for appellant.
for defendant: . E. Davidson Burch and Matthew A. Moseley Blasingame, Burch, Garrard, Bryant & Ashley, Athens, for appellees.
Case Number: A00A2491
Evidence that a apartment management company authorized a known felon to engage in security-related activities raised a jury question as to whether his assault on a tenant was forese
Publication Date: 2001-02-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Paula Jorisch, Washington, D.C., proceeded pro se. Thomas D. Trask, Noah H. Pines Dennis, Corry & Porter LLP, J. Franklin Burns and Christine A. Carson Gorby, Reeves, Peters & Burns, Atlanta, for appellee.
for defendant:
Case Number: A00A2122
A company that rented modified vans for use in transporting disabled passengers did not provide specified public transportation service or operate a demand responsive or fixed route system with the
Publication Date: 2001-01-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: J. Michael McGarity and Howard W. Reese III McGarity & Associates, Lawrenceville, for appellant.
for defendant: Neil A. Moskowitz, Atlanta, for appellee.
Case Number: A00A1153
An oral agreement by an employer to transfer corporate stock to an employee for non-monetary consideration is not a 'sale' within the meaning of UCC § 11-
Publication Date: 2001-01-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Jay M. Sawilowsky, Augusta, for appellant.
for defendant: Leland M. Malchow Nimmons & Malchow, Augusta, for appellees. Other party representation: Robert P. Sentell III Kilpatrick Stockton LLP, William J. Williams and Wendell E. Johnston Jr. Johnston, Wilkin & Williams, Augusta.
Case Number: A00A1123
Non-compete agreement was unenforceable because the employee was transferred out of the restricted territory nearly a year before he res
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Publication Date: 2001-01-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: L. Robert Lovett Lovett, Cowart & Ayerbe LLC, Macon, for appellant.
for defendant: . James A. Vaughn Vaughn, Wright & Stearns LLP, Forsyth, and Frederick L. Wright II, Atlanta, for appellee.
Case Number: A00A1192
Even if the plaintiff's first letter exercising its option to purchase leased property was ineffective, the letter did not constitute a rejection of the option which remained in effect throughout t
Publication Date: 2001-01-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Leslie E. Stewart Maple Street Law Offices, Decatur, for appellant.
for defendant: . Lawrence L. Bennett Jr. Drew, Eckl & Farnham, Atlanta, for appellees.
Case Number: A00A1553
The plaintiffs' claims for emotional distress arising out of their on-the-job exposure to radiation were barred by the exclusivity provisions of Georgia's Workers' Compensatio
Publication Date: 2001-01-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Virgil L. Brown, Eric D. Hearn, Bentley C. Adams III and Larkin M. Lee Virgil Brown & Assocs., Zebulon, for appellant.
for defendant: Louis J. Kirby, Solicitor General, LaGrange, for appellee.
Case Number: A00A0969
The trial court properly refused to remove for cause a prospective juror who was represented in his divorce action by the law office of a part-time county solicitor who did not participate in the de
Publication Date: 2001-01-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Steven H. Sadow, Atlanta, for appellant.
for defendant: James D. McDade, District Attorney and William H. McClain, Assistant District Attorney, Douglasville, for appellee.
Case Number: A00A0920
Defendants must be given the opportunity to impeach the credibility of declarants whose statements are admitted under the medical diagnosis or treatment exception to the hearsay
Publication Date: 2001-01-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: James S. Lewis, Atlanta, for appellant.
for defendant: Patrick H. Head, District Attorney, Maria B. Golick and Thomas A. Cole, Assistant District Attorneys, Marietta, for appellee.
Case Number: A00A1199
The trial court properly recharged the jury on conspiracy without recharging on mere presence and mere associ
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