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  • Mayor & Aldermen of the City of Savannah v. Batson-Cook Co.

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Andrew D. Shore, Gregory K. Morgan, Elizabeth B. Hodges Phillips & Morgan LLP, Atlanta, James B. Blackburn and Peter A. Giusti, Savannah, for appellant.
    for defendant: Charles J. Willis, Mark L. Degennaro Willis, McKenzie, Degennaro & Alford LLP, LaGrange, Robert S. Glenn Jr. Ellis, Painter, Ratterree & Adams, Stanley Karsman Savage, Turner, Pinson & Karsman, Savannah, and Brian J. Vella Smith, Pachte, McWhorter PLC, Vienna, Va., for appellees.
    Case Number: A11A0768

    The trial court did not err in denying the city's motion to recuse the trial judge because the city's factual assertions did not demonstrate that the judge's impartiality might reasonably be quest

  • Hendricks v. Dupree

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Richard K. Strickland Brown Readdick Bumgartner Carter, Brunswick, for appellant.
    for defendant: Jean E. Johnson Jr. and Willard T. Bullock IV, Marietta, for appellee.
    Case Number: A11A0973

    A county road superintendant was entitled to qualified immunity in personal injur on as the work of cutting back vegetation along a roadway is a discretionar

  • Amirfazli v. Vatacs Group Inc.

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Amelia T. Phillips Phillips Law LLC, Alpharetta, for Amirfazli. Ronald S. Stevens and Jillian Harmon Stevens & Stevens LLC, Atlanta, for VATACS Group Inc.
    for defendant:
    Case Number: A11A1165, A11A1166

    The Court reversed an order setting aside a foreclosure as questions of fact remained regarding the validity and fairness 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

  • 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

  • Cain v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Adam M. Hames The Hames Law Firm, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A11A0461

    The trial court did not abuse its discretion in denying the defendant's motion for a continuance because the court provided multiple warnings of the risks of proceeding pro se, including the possibl

  • Nunnally v.State

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Virginia L. Garrard, Public Defender, Monroe, for appellant.
    for defendant: Layla H. Zon, District Attorney, Covington, and Kimberly M. Minicozzi, Assistant District Attorney, Monroe, for appellee.
    Case Number: A11A0729

    The officer improperly abandoned a traffic stop to pursue a drug offense and so the marijuana found in the defendant's vehicle amounted to the fruit of an illegal s

  • Hatton v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Shirley L. Hatton, East Point, proceeded pro se. John K. Franks, Atlanta, for appellee.
    for defendant:
    Case Number: A11A0413

    A plaintiff can only invoke the right to re-file a suit within six months of dismissal

  • Davis v. Citimortgage Inc.

    Publication Date: 2011-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Lashunda Davis, Austell, proceeded pro se. Daniel K. Barbagelata McCurdy & Candler LLC, Atlanta, for appellee.
    for defendant:
    Case Number: A11A0421

    Claimed defects in the landlord's title to the premises cannot be raised as a defense in a dispossessory proce