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Publication Date: 2016-02-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: H. Lane Young, Matthew Barr Hawkins Parnell Thackston Young LLP, Atlanta, Jonathan Freiman, and Tadhg Dooley Wiggin and Dana LLP, New Haven, CT, for appellant.
for defendant: Jennifer Jordan Shamp Speed Jordan Woodward, William Bird Bird Law Group PC, and Michael Regas, Atlanta, for appellee.
Case Number: A15A1491
The trial court did not err in denying the defendant dental practice's motion for directed verdict in the plaintiff's suit alleging that the defendant's negligence resulted in a certified registere
Publication Date: 2016-02-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Robert Sirianni Brownstone Associates PA, Winter Park, FL, for appellant.
for defendant: Stuart Walker, Michael Mayo Martin Snow LLP, and Brian Adams Adams Law Firm, Macon, for appellees.
Case Number: A15A2376
The appellant failed to show error in his appeal from the denial of his O.C.G.A. § 9-11-60 subsection g motions to vacate certain orders for lack of notice, as the trial court's own records showed
Publication Date: 2016-02-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Wayne McGrew and Heather Miller Carlock, Copeland Stair LLP, Atlanta, for appellant.
for defendant: . Nikki Bonner Bonner Penn PC, Atlanta, for appellees. Other party representation: Timothy Bendin and Kristin Hiscutt Bendin, Sumrall Ladner LLC, Atlanta.
Case Number: A15A1085
The plaintiff's claim based solely on the defendant doctor's alleged misdiagnosis of her post-surgery complications was not time-barred because the limitations period ran from the time of the misdia
Publication Date: 2016-01-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Noah Pines Ross Pines LLC, Atlanta, for appellant.
for defendant: Jacquelyn Johnson, District Attorney, Brunswick, Katie Gropper District Attorney's Office, Woodbine, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellee.
Case Number: A14A0742
The trial court's jury instruction, in which it instructed that a victim under the age of 16 lacks the legal capacity to consent to sexual conduct, was improper when given in relation to the offense
Publication Date: 2016-01-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Fredric D. Bright, District Attorney, Gray, Stephen Bradley, Chief Assistant District Attorney, and Joseph McKinnon District Attorney's Office, Milledgeville, for appellant.
for defendant: Bethany Begnaud, Milledgeville, for appellee.
Case Number: A15A1092
When the State fails to file a delinquency petition within 30 days after the filing of a complaint against a child, as required under O.C.G.A. § 15-11-521 subsection b, the filing of a new complaint
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Publication Date: 2016-01-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: James McClung, Atlanta, for appellant.
for defendant: . Christopher Phillips and Dana Jackel Jackel Phillips PC, Marietta, for appellee.
Case Number: A15A1583
The Court reversed the grant of partial summary judgment to the condemnor, because there existed genuine issues of material fact as to the condemnee's claim that it had no duty to mitigate business
Publication Date: 2016-01-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Yasha Heidari Heidari Power Law Group LLC, and Yenniffer Delgado, Atlanta, for appellant.
for defendant: Sarah Reise, Gary Tepper Ballard Spahr LLP, Linda Finley, Joseph Buller, Jonathan Green, Joshua Tropper, and Kristin Miller Baker, Donelson, Bearman, Caldwell Berkowitz PC, Atlanta, for appellees.
Case Number: A15A1127
The trial court erred in granting summary judgment to the defendants based on the erroneous legal theory that a plaintiff in a wrongful foreclosure action may only recover her lost equity in the pro
Publication Date: 2016-01-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Jacqueline Cauble Public Defender's Office, LaGrange, for appellant.
for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Calandra Harps, Assistant Attorney General, Atlanta, and Linda Taylor Hunnicutt Taylor, Newnan, for appellee.
Case Number: A15A1144
There was not clear and convincing evidence that, at the time the juvenile court entered its order transferring temporary legal custody of a minor from the child's mother to the child's aunt, the ch
Publication Date: 2015-12-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Richard Gignilliat Elarbee, Thompson, Sapp Wilson, Atlanta, for City of Albany. Maurice King, Albany, for Pait.
for defendant:
Case Number: A15A1180; A15A1181
Some evidence supported the city manager's decision to terminate a firefighter who pleaded guilty to two counts of
Publication Date: 2015-12-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Edward Collier Collier Gamble LLP, Dawson, for appellant.
for defendant: . Russell Britt, Atlanta, and Patrick Millsaps, Albany, for appellee.
Case Number: A15A0958
The evidence supported the special master's findings in a boundary line dispute between Mitchell County and the owners of adjacent property and the Court therefore affirmed the superior court's fina
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