7 results for 'judge:"Phipps"'.
J. Phipps finds that the trial court properly denied the county's motion to dismiss the developer's mandamus, declaratory and injunctive relief action challenging a rezoning decision. The trial court correctly found that the decision on the rezoning request was legislative rather than quasi-judicial and did not require a writ of certiorari to proceed. Affirmed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: June 29, 2023, Case #: A23A0055, Categories: Civil Procedure, Injunction
J. Phipps finds that the trial court properly found in favor of the apartment complex owners and managers in a negligence and emotional distress action brought by the guest arising after she woke up to find a maintenance worker in her bed. The guest did not experience any physical injuries as a result of the incident and failed to allege that the owners or managers committed any intentional tort or acted maliciously toward her. Her negligence claims are therefore barred by Georgia's impact rule. Affirmed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: June 7, 2023, Case #: A23A0612, Categories: Negligence, Emotional Distress
J. Phipps finds that the trial court improperly granted the couple's motion for partial summary judgment in a trespass action arising from a property dispute with their neighbors. The perpetual exclusive easements do not strip the neighbors of their concurrent rights of use and possession of the easement areas. The neighbors have a concurrent right to use and possess the easement area as long as their use does not interfere with the couple's use. Reversed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: June 6, 2023, Case #: A23A0292, Categories: Property
J. Phipps finds that the probate court properly appointed neutral third parties to be the individual's guardian and conservator in response to the petition by the grandson and the grandson's wife. Sufficient evidence was presented to support the finding that the individual needed a guardian and conservator, including the court-appointed evaluator's report that the individual had dementia and was illiterate and vulnerable. Affirmed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: June 6, 2023, Case #: A23A0510, Categories: Guardianship
J. Phipps finds that the trial court properly denied the medical providers' motion for a new trial after a jury found largely in favor of the widower in a wrongful death and medical malpractice action following his wife's death from cancer. The trial court correctly denied the providers' motion to exclude testimony from the widower's expert regarding causation and the survivability of the wife's cancer. The expert's opinions were supported by medical journal articles and the opinions as to causation were supported by testimony from three other witnesses. The $8.5 million jury award, which included $0 for wrongful death damages and $6,900 for funeral and burial expenses, was not improper in light of the conflicting evidence presented as to the wife's life expectancy. Affirmed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: May 31, 2023, Case #: A23A0413, Categories: Damages, Wrongful Death, Medical Malpractice
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J. Phipps finds that the trial court properly granted defendant's motion to suppress evidence found during a warrantless search of his phone. Defendant was charged with armed robbery, aggravated battery, aggravated assault, violations of the Street Gang Terrorism and Prevention Act and firearm offenses. The state admitted that the warrantless search in 2020 was improper and obtained a warrant two years later to download the same data from the phone a second time. The evidence is not admissible under the independent source doctrine because the state failed to show any separate source or evidence that did not exist in 2020 to serve as the lawful basis to use a warrant after-the-fact to justify the earlier search. Affirmed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: May 30, 2023, Case #: A23A0177, Categories: Robbery, Search, Gangs
J. Phipps finds that the juvenile court improperly entered an order finding the child dependent and continuing her custody with the Division of Family and Children Services. The agency did not offer any evidence at the hearing that the child is dependent and the juvenile court failed to cite evidence as to the child's dependency in its order. Reversed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: May 24, 2023, Case #: A23A0585, Categories: Civil Procedure, Family Law