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  • CNL APF Partners LP v. DOT

    Publication Date: 2011-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles L. Ruffin, Ivy N. Cadle and Carl R. Varnedoe Baker, Donelson, Bearman, Caldwell & Berkowitz PC,Macon, for CNL APF Partners LP. Charles N. Pursley Jr. Pursley Lowery Meeks LLP, Atlanta, for RCI Realty LLC. Thurbert E. Baker, Attorney General, Atlanta, Paul H. Dunbar III and Ziva P. Bruckner Capers, Dunbar, Sanders, Bruckner & Bellotti LLP, Augusta, for appellee. Other party representation: Henry R. Smith, Augusta.
    for defendant:
    Case Number: A10A1812; A10A1991

    The trial court erred in denying the condemnees' motion in limine to exclude evidence concerning funds that the state deposited into the court registry upon filing its condemnation petition because

  • Savannah Cemetery Group Inc. v. Depue-Wilbert Vault Co.

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Eric R. Gotwalt Zipperer, Lorberbaum & Beauvais, Savannah, and Anthony L. Cochran Chilivis, Cochran, Larkins & Bever, Atlanta, for appellant.
    for defendant: . Owen C. Murphy and Carrie H. Bacon Inglesby, Falligant, Horne & Covington, Savannah, for appellees.
    Case Number: A10A1152

    The trial court did not contradict itself by granting a permanent injunction in its original order and then stating in its order denying the motion for a new trial that the defendants had standing t

  • Simmons Family Properties LLLP v. Shelton

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert G. McCurry The McCurry Law Firm, Dalton, for appellant.
    for defendant: Dennis D. Watson Minor, Bell & Neal PC, Ringgold, and Brian D. Wright, Dalton, for appellees.
    Case Number: A10A1495

    Despite the LLC's operating agreement's arbitration requirement for disputes regarding dissolution pursuant to its terms, the trial court properly determined that the LLC's dissolution need not be s

  • Rainly v. State

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jessica R. Towne Clark & Towne PC, Lawrenceville, for Rainly. Edwin J. Wilson, Snellville, for Everette. Deborah R. Fluker, Lawrenceville, for Robinson. Daniel J. Porter, District Attorney, and Jimmie E. Baggett Jr., Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A10A1257; A10A1258; A10A1259

    In consolidated appeals arising from an armed robbery of a video store, the Court of Appeals reversed a conviction for theft by receiving stolen property, because evidence that defendant bought the

  • Rucker v. Columbia Nat'l Ins. Co.

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Neil W. Putnam, Hapeville, for Rucker; Lisa K. Whitfield Hicks, Casey & Foster PC, Marietta, for Columbia. Teddy L. Southerland and Matthew P. Lazarus Goldner, Sommers, Scrudder & Bass, Atlanta, for American Home.
    for defendant:
    Case Number: A10A0935; A10A0936

    Insurance company had no duty to defend or indemnify insured contractor because fact that contractor's trainee, on whom contractor intentionally failed to obtain a background check, killed customer

  • Law Journal Press | Digital Book

    Enforcement of Judgments: A Practitioner’s Guide to Recovery

    Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich

    View this Book

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  • Milligan v. State

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Billy L. Spruell, Marietta, for appellant.
    for defendant: Lee Darragh, District Attorney, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A10A1343

    A charge conference is not a stage of a criminal proceeding invoking a defendant's right to be pr

  • Meadow Springs LLC v. IH Riverdale LLC

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William B. Brown and Jacqueline Marcucci Heyman & Sizemore LLC, Atlanta, for appellant.
    for defendant: David L. Pardue Adorno & Yoss LLC and Christopher S. Badeaux Hartman, Simons, Spielman & Wood LLP, Atlanta, for appellees.
    Case Number: A08A2030

    Because appellees' personalty interest did not involve real estate, its lis pendens action against certain property was in

  • McChesney v. IH Riverdale LLC

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William B. Brown Heyman & Sizemore LLC and Michael McChesney, Atlanta, for appellant.
    for defendant: Kristen A. Yadlosky Hartman, Simons, Spielman & Wood LLP and Geffrey Nolan Wilson & Nolan, Atlanta, for appellees.
    Case Number: A09A0979

    Because appellees' personalty interest did not involve real estate, its lis pendens action against certain property was in

  • Dollar v. Grammens

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James D. Blitch IV Holland Schaeffer Roddenbery Blitch LLP, Atlanta, for appellant.
    for defendant: . Philip L. Hartley, Martha M. Pearson Harben, Hartley & Hawkins LLP, Gainesville, Matthew G. Moffett and Wayne S. Melnick Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, for appellees.
    Case Number: A08A1243

    The defendant fell under the umbrella of official immunity, since whether the teacher should have enforced the school's eye-protection policy during an eighth-grade science experiment, was discreti

  • Capitol Infrastructure LLC v. The Plaza Midtown Residential Condominium Ass'n Inc

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ernest L. Greer and Michael J. King Greenberg Traurig LLP, Atlanta, for appellant.
    for defendant: Brendan R. Hunter and John T. Lueder The Lueder Law Firm LLC, Alpharetta, for appellee.
    Case Number: A10A1193

    O.C.G.A. § 44-3-101 c provides that certain telecommunications agreements executed by or on behalf on an association ' "shall be subject to cancellation and termination at any time during the 12 mon