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  • Bass Custom Landscapes Inc. v. Cunard

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wendell K. Howell Jones, Cork & Miller, Macon, for appellant.
    for defendant: John D. Carey McKenney, Jordan & Carey, Macon, for appellee. Other party representation: Betty D. Wheeler Alan W. Connell, and Catherine B. Evans Adams, Barfield, Dunaway & Hankinson, Thomaston.
    Case Number: A02A0909

    A jury question remained as to whether the plaintiff assumed the risk of falling on the icy steps outside her place of employment, since she testified that refusing her branch manager's request to t

  • In the Interest of T. J. J.

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Chandler R. Bridges, Roswell, and Saunders P. Jones IV, Dunwoody, for appellant.
    for defendant: . Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Robert G. Nardone, Avondale Estate, for appellee. Other party representation: Dorothy V. Murphy, Child Advocate Attorney, Decatur.
    Case Number: A02A1400; A02A1401

    No clear and convincing evidence of present parental inability or misconduct supported the termination of the mother's parental rights to her two children where the deprivation determination was bas

  • Lyons v. State

    Publication Date: 2002-11-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Clark C. Adams Jr., Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Melvin E. Hyde Jr., Assistant District Attorney, Columbus, for appellee.
    Case Number: A02A1743

    The trial court erred in denying defendant's motion to suppress evidence seized under warrant where the warrant did not provide details establishing probable cause to s

  • In the Interest of J. H.

    Publication Date: 2002-11-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Faye E. Hays, McDonough, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, and Jason T. Harper Crumbley & Crumbley, McDonough, for appellee. Other party representation: William D. Patten Jr., Stockbridge, and James T. Chafin III, McDonough.
    Case Number: A02A1151

    The evidence did not support a finding that the child would suffer harm from a continued relationship with her mother, who had a history of DUI's and an admitted drinking pr

  • Preacher v. State

    Publication Date: 2002-11-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ronald K. Thompson, Rincon, for appellant.
    for defendant: Rene J. Martin III, District Attorney, Statesboro, and Tony A. May, Assistant District Attorney, Springfield, for appellee.
    Case Number: A02A2060

    The officer had probable cause to arrest the defendant based on his combative conduct at an accident

  • In Re: Morris Communications Co.

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David E. Hudson Hull, Towill, Norman, Barrett & Salley, Augusta, and Katherine N. Lewis Holland & Knight, Jacksonville, Fla., for appellant.
    for defendant: . Stephen D. Kelley, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee. Other party representation: Ronald E. Harrison II The Harrison Firm, Brunswick.
    Case Number: A02A0928

    The reporter's privilege did not apply to limited published information which the state sought to admit at a criminal defendant's robbery

  • In the Interest of K. S.

    Publication Date: 2002-11-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sonya R. Chachere-Compton, Douglasville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, and Shalen S. Nelson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A02A2198

    The evidence supported the juvenile court's findings that the mother lacked the ability to care for her children and that termination of her parental rights was in their best inte

  • Sanders v. State

    Publication Date: 2002-11-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lee Sexton and Joseph S. Key Sexton & Morris PC, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Lalaine A. Briones, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A02A1516

    The trial court did not err in failing to instruct the jury on a lesser included offense where the defendant did not request such a change in wr

  • Bickerstaff Automotive Inc. v. Tsepas

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert H. McKnight Jr. Freed & Bermen PC, Atlanta, for appellant.
    for defendant: Neal B. Graham Buzzell, Graham & Welsh LLP and Timothy K. Hall, Macon, for appellee.
    Case Number: A02A1445

    The UCC provision allowing a seller to cure a nonconforming delivery did not preclude plaintiff from rescinding her "new" car lease and suing defendants for fraud after she learned that the car had

  • Bayshore v. State

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gregory W. Lancaster and Lucas O. Harsh Peevy & Lancaster PC, Lawrenceville, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Charles E. Rooks, Assistant District Attorney, Monroe, for appellee.
    Case Number: A02A1425

    The trial court properly denied the defendant's motion to suppress where the officer merely frisked the defendant for weapons after deciding to arrest him for driving without insurance and spe