• Southeastern Sitecast Inc. v. Buonocore

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joseph A. Conoscienti, Decatur, for appellant.
    for defendant: James M. Watson Bryan, Cave, Powell & Goldstein LLP, Atlanta, for appellees.

    Case Number: A11A0226

    Objections to the untimeliness of responses to a motion for summary judgment are deemed waived unless raised in the trial

  • Ealey v. State

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jonathon J. Majeske, Atlanta, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Luana Popescu, Assistant District Attorney, Jonesboro, for appellee.

    Case Number: A11A0050

    The defendant's waiver of his right to a jury trial was not

  • Kitchin v. Reidelberger

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Douglas R. Daum, Snellville, for appellant.
    for defendant: Michael J. anderson, Lawrenceville, for appellees.

    Case Number: A11A0459

    Any error in the trial court's jury charge on nuisance was not so harmful as to be reversible, absent obje

  • The Eichholz Law Firm PC v. Tate Law Group LLC

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James J. Fletcher II, Michael Weinstock Weinstock & Scavo PC, Atlanta, and William W. Calhoun Langley & Lee LLC, Albany, for appellant.
    for defendant: . Robert B. Turner Savage, Turner, Pinson 7 Karsman, Savannah, for appellees.

    Case Number: A11A0704

    The law firms' clients terminated their representation before the occurrence of contingencies upon which attorneys' fees would have been earned in their respective

  • Osborn v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Norman S. Gunter, District Attorney, and William J. Langley, Assistant District Attorney, Blairsville, for appellee.

    Case Number: A11A0748

    The trial court erred in holding part of defendant's trial in a church without his co

  • Law Journal Press | Digital Book

    Massachusetts Legal Ethics & Malpractice 2017

    Authors: James S. Bolan, Sara N. Holden

    View this Book

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  • Britton v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: james D. Love, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellee.

    Case Number: A11A0339

    The trial court did not abuse its discretion in recharging the jury with remedial instructions, rather than granting a mistrial, following the discovery of a discrepancy between the language of the

  • State v. Padidham

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Rosanna M. Szabo, Solicitor General, Karen M. Seeley, Assistant Solicitor, Lawrenceville, and Jeffrey P. Kwiatkowski Solicitor-General's Office, Marietta, for appellant.
    for defendant: James K. Sullivan Chestney Law Firm, Atlanta, for appellee.

    Case Number: A11A0678

    The defendant was not in custody when the alco-sensor was administered so it was not necessary to read his Miranda rights to him before administration of the

  • In the Interest of T. P.

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Darice M. Good, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Jerry W. Thacker, Conyers, for appellee. Other party representation: Regina S. Jenkins The Jenkins Practice LLC and Temika J. Williams-Murry, Decatur.

    Case Number: A11A0304

    The father, who was arrested for child cruelty, had cognitive problems that affected his ability to parent and to implement skills learned in parenting classes and counseling, and he had a history o

  • Greene v. Greene

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ernest Greene, Atlanta, proceeded pro se. Reid A. Threlkeld and Paul H. Threlkeld Andrew & Threlkeld PC, Vidalia, for appellees.
    for defendant:

    Case Number: A11A0078

    In this real pr title action, the trial court improperly held that a joint tenancy with right of survivorship existed, but correctly determined that the surviving spouse had ownership of the p

  • Washington v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, for Washington. Teresa L. Smith Public Defender's Office, Covington, for Hurst. William K. Wynne Jr. and Layla H. Zon, District Attorneys, Covington, for appellee.
    for defendant:

    Case Number: A11A0082; A11A0083

    The defendants' convictions for aggravated assault merged into their robbery convictions for sentencing pur