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  • Bellagio Pools, LLC v. Marino et al.

    Publication Date: 2024-07-22
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Ashley Hughes, (Oliver Hughes LLC), Woodstock, for appellant.
    for defendant: David Kolmel, (John B. Miller & Associates), Marietta, for appellee.
    Case Number: A24A0220

    Court reverses and remands trial court's ruling against breach of contract claims in a pool construction dispute due to unsupported factual findings to support that ruling

  • The State v. Rahaman

    Publication Date: 2024-07-19
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Sherry Boston, Jason Rea, (DeKalb County District Attorney’s Office), Decatur, for appellant.
    for defendant: Brian Steel, (The Steel Law Firm, P.C.), Atlanta for appellee.
    Case Number: A24A0311

    Court affirms trial court's jurisdiction to vacate and re-enter an order denying a new trial and affirms conviction for simple battery over defendant's challenge to jury charges and trial procedures

  • Metropolitan Atlanta Rapid Transit Authority v. Harrison

    Publication Date: 2024-07-19
    Practice Area: Civil Appeals
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Roosevelt Hamb, (Attorney at Law), Atlanta, for appellant.
    for defendant: James Howard, (The Howard Law Firm), Tucker, for appellee.
    Case Number: A24A0090

    Court affirms denial of appellant's motion for JNOV or a new trial in a malicious prosecution case because appellant failed to provide a full record of the trial transcript

  • Miller v. Polk et al.

    Publication Date: 2024-07-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Felicia Rowe, (Rowe & Rowe LLC), Tucker, for appellant.
    for defendant: Terrell Benton, (Hall Booth Smith, P.C.), Atlanta, Sheila Kazemian, (Attorney at Law), Atlanta, for appellee.
    Case Number: A24A0404

    Court affirms summary judgment in favor of anesthetist staffing companies in negligent credentialing case, finding that staffing companies have no credentialing duties

  • Department of Transportation v. Star Land Holdings, LLC et al.

    Publication Date: 2024-07-09
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Carr, Logan Winkles, (Attorney General), Atlanta, Warren Power, (Power & Jaugstetter, P.C.), McDonough, Jacqueline Kennedy-Dvorak, Ruth Snell, (Power Snell, P.C.), McDonough, Amy Patterson, (Georgia Law Department), Atlanta, for appellant.
    for defendant: Jordan Walker, (Sever Storey Walker), Carmel, for appellee; Melanie Wilson, Tracy Lettsome, (Gwinnett County Department of Law), Lawrenceville, other party.
    Case Number: A24A0183

    Court affirms setting aside of declaration of taking due to DOT's non-compliance with property owner's rights under the the Landowner's Bill of Rights and Private Property Protection Act of 2006

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  • Harris v. The State

    Publication Date: 2024-06-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Betsey Tate, (Office of the Circuit Public Defender, Southwestern Judicial Circuit), Americus, for appellant.
    for defendant: Lewis Lamb, Cania Brown-Gordon, (Southwestern District Attorney’s Office), Americus, for appellee.
    Case Number: A24A0583

    Court reverses trial court's denial of motion to suppress due to lack of probable cause in a search warrant affidavit to collect evidence from a car's electronic control module

  • PNC Financial Services Group, Inc. v. Gibson

    Publication Date: 2024-06-03
    Practice Area: Banking and Finance Laws | Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Tucker, (Tucker Long, P.C.), Augusta, Christopher Kanne, (Duane Morris, LLP), Atlanta, for appellant.
    for defendant: David Hudson, (Hull Barrett, PC), Augusta, John Gibson, Augusta, for appellee.
    Case Number: A24A0268

    Court reverses order denying attorney fees and mandating document production, and affirms dismissal of defamation claim on the basis of Georgia's anti-SLAPP statute

  • The Radiology Group, LLC v. Marks

    Publication Date: 2024-05-31
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Angelo Merolla, (Merolla & Gold, LLP), Atlanta, for appellant.
    for defendant: Craig Allen, (Spears Moore Rebman & Williams), Chattanooga, for appellee.
    Case Number: A24A0139

    Court reverses default judgment against defendant due to plaintiff's late filing of service proof, which delay extended defendant's response time

  • Tamayo v. The State

    Publication Date: 2024-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Forrest Shealy, (Attorney at Law), Marietta, for appellant.
    for defendant: Flynn Broady, Elizabeth York, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A24A0534

    Court affirms convictions in child cruelty and battery case over defendant's challenges to his indictment and the constitutionality of a statute, and claims of ineffective assistance of counsel

  • MCCloud v. The State

    Publication Date: 2024-05-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David West, (David West & Associates), Marietta, for appellant.
    for defendant: Patricia Brooks, Winder, James Smith, (District Attorney), Jefferson, Hannah McLear, (Barrow County Da’s Office), Winder, for appellee.
    Case Number: A24A0126

    Court affirms child abuse convictions and rejects defendant's challenges to circumstantial evidence and trial procedures, admission of certain evidence, and claims of ineffective assistance