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  • Owens v. Bank of Am. N.A.

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Brian Owens, Riverdale, proceeded pro se. Jeffrey C. Horn Rubin, Lubin, Suarez & Serrano LLC, Norcross, for appellee.
    for defendant:
    Case Number: A10A0592

    The state court had jurisdiction over the appellant's counterclaim regardless of the amount in contro

  • Rapp v. Escante Inc.

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Rodney L. Eason The Eason Law Firm, College Park, for appellant.
    for defendant: . Simon H. Bloom, Stephanie A. Everett and Keith M. Kodosky The Bloom Law Firm, Atlanta, for appellee.
    Case Number: A10A0784

    The evidence supported the trial court's finding, pursuant to O.C.G.A. § 18-2-75 a, that the debtor fraudulently transferred real pr

  • Allstate Ins. Co. v. Neal

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Hugh M. Ruppersburg Carlock, Copeland & Stair LLP, Atlanta, for appellant.
    for defendant: David L. Walker Jr., Konrad G. Ziegler Flint & Connolly LLP and William E. Whitaker, Canton, for appellees.
    Case Number: A10A0276

    The decedent's intentional shooting of a deputy sheriff at the decedent's home was not an occurrence to which his homeowner's liability policy ap

  • Ellis v. State

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: C. Arthur Moss Jr., Griffin, for appellant.
    for defendant: Griffin E. Howell III, Solicitor, Griffin, for appellee.
    Case Number: A10A0315

    Any impropriety in the prosecutor's question about the defen first DUI did not require a mistrial, since the alleged character statement did not address the credibility of the per se DUI defe

  • Whitehead v. State

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jessica R. Towne Clark & Towne PC, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Stephen A. Fern, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A0540

    The General Assembly has deemed it appropriate to warrant separate sanctions for conduct which violates hijacking a motor vehicle in violation of O.C.G.A. § 16-5-44.1 b and other criminal sta

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    Authors: Hon. William A. Dreier, Robert E. Bartkus

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  • Hargett v. Dickey

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lisa Hargett, Marietta, proceeded pro se. Catherine V. Ryan, Augusta, for appellee.
    for defendant:
    Case Number: A10A0762

    The appellant could not challenge the resulting visitation order, since she aided in causing the order by moving the trial court to enforce an earlier visitation agre

  • Boatright v. Old Dominion Ins. Co.

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ashleigh R. Madison Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: . Stephen J. Caswell Lane, O'Brien & Caswell PC, Atlanta, for appellee. Other party representation: Daniel C. Hoffman Young Thagard Hoffman Scott & Smith, Valdosta, Brenda K. Katz Drew Eckl & Farnham, Brunswick, and Steve Johnson Johnson's Kan Do Constr. Inc., Alma.
    Case Number: A10A0532

    Summary judgment to the liability insurer, on its suit for declaratory relief, was proper, because the undisputed evidence showed that the plaintiff was a company employee, and not an independent co

  • Cofield v. State

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David J. Walker, Jonesboro, for appellant.
    for defendant: Tracy G Lawson, District Attorney, and Billy J. Dixon, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A10A0155

    The defendant rented a Jeep from a rent-a-car company, failed to return it for months after he stopped making his rental payments, did not call police or the rental company to report the car as stol

  • Brown v. State

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David J. Koontz, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Lynne G. Voelker, Assistant District Attorney, Marietta, for appellee.
    Case Number: A10A0365

    The defendant did not show that his trial counsel was deficient for failing to subpoena a jailed alibi witness, whom authorities released for time served, after trial counsel obtained a writ of habe

  • Reese v. State

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles H. Cauble Public Defender's Office, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Vincent J. Faucette, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A10A0437

    The defendant threw a glass beer bottle at an officer, with enough force to cause the bottle to shatter on i