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  • The State v. Harnett

    Publication Date: 2023-05-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Flynn Broady, Linda Dunikoski, James Williamson, (Cobb County District Attorney’s Office), Marietta, for appellant.
    for defendant: Bert Cohen, (Attorney at Law), Marietta, for appellee.
    Case Number: A23A0265

    Court vacates judgment excluding level-of-certainty evidence and remands for application of the Rule 403 balancing test

  • Lewis v. Fidelity National Title Insurance Company

    Publication Date: 2023-05-11
    Practice Area: Public Records | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Torriel Lewis, Alpharetta, for appellant.
    for defendant: Andrew Bickwit, Lawrence Kelly, (Fidelity National Law Group), Atlanta, for appellee.
    Case Number: A23A0030

    Court affirms summary judgment in favor of title insurer on a fraud claim against an individual who falsely represented to be the owner-of-record of a parcel of real estate

  • Walsh v. Bowen

    Publication Date: 2023-04-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Cohilas, Christopher Foreman, (Watson Spence LLP), Albany, for appellant.
    for defendant: John Moorhead, Samuel Lowe, (Moorhead Law Firm, LLC), Albany, William Moorhead, (Attorney at Law), Albany, for appellee.
    Case Number: A22A1590

    Court reverses summary judgment due to questions of fact over whether decedent renounced his dominion over funds that executor wanted to keep in his estate

  • The State v. Wood et al.

    Publication Date: 2023-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Peterkin, (Assistant District Attorney Meriwether County Courthouse), Greenville, John Cranford, Nathan Stewart, (Coweta County District Attorney’s Office), Newnan, for appellant.
    for defendant: Matthew Nestrud, (Coweta Circuit Public Defender’s Office), Franklin, Darrell Donaldson, (The Pilgrim Law Group), Villa Rica, Alexandra Reynolds, (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellee.
    Case Number: A22A1453

    Court affirms suppression order over controlled substance evidence seized by officers who prolonged an investigation absent exigent circumstances

  • Tibbetts v. Worth County School District et al.

    Publication Date: 2023-04-06
    Practice Area: Education Law | Employment Litigation | Government
    Industry: Education | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Cox, (Charles E. Cox, Jr., LLC), Macon, for appellant.
    for defendant: Grant McBride, William White, Matthew Collum, (Smith, Welch, Webb & White), McDonough, for appellee.
    Case Number: A22A1542

    Teacher's Contract Was Renewed By Operation of Law, Precluding Sovereign Immunity Defense to Claim of Breach of Agreement

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    Delaware County Court Rules 2024

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  • Ali v. The State

    Publication Date: 2023-04-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Melissa Akins, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Darius Pattillo, (District Attorney), McDonough, for appellee.
    Case Number: A23A0995

    Court vacates order that denied a motion for an out-of-time appeal and directs trial court to enter an order dismissing the motion

  • Ivey v. The State

    Publication Date: 2023-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Bryan Ivey, (Carroll County Correctional Institution), Carrolton, for appellant.
    for defendant: Tuttle Barksdale, (Ocmulgee Judicial Circuit District Attornye’s Office), Eatonton, Sydney Segers, (Ocmulgee Judicial Circuit District Attornye’s Office), Milledgeville, for appellee.
    Case Number: A22A1214

    Trial Court Should Have Asked Pro Se Defendant If He Wanted To Enter Plea Under First Offender Act

  • Benchmark Rehabilitation Partners, LLC v. SDJ Logistics, LLC

    Publication Date: 2023-04-03
    Practice Area: Discovery | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Peter Farley, (McGuire Woods LLP), Atlanta, Laura Cooley, (McGuire Woods, LLP), Richmond, for appellant.
    for defendant: Darrell Carver, (Mykkeltvedt & Loftin LLC), Atlanta, Zachary Matthews, (McMickle, Kurey & Branch, LLP), Alpharetta, for appellee; Johnquel Neal, (Attorney at Law), Atlanta, for other party.
    Case Number: A22A1519

    Court affirms order compelling a non-party to compel documents in a car accident/injury case

  • Power v. Toccoa Dreams, LLC et al.

    Publication Date: 2023-03-31
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Jourdain, Brittany Hepner, (The Minor Firm), Dalton, for appellant.
    for defendant: William Martin, (Drew Eckl & Farnham, LLP), Atlanta, Nathan Hall, (Drew Eckl & Farnham, LLP), Chicago, for appellee; Sarah Illg, (Teague Law), East Ellijay for other party.
    Case Number: A22A1347

    A renter of a vacation property is not liable for a slip and fall accident under an exculpatory clause in the rental agreement, as that clause is void under OCGA §13-8-2(b).

  • Griffith v. Robinson

    Publication Date: 2023-03-23
    Practice Area: Education Law | Personal Injury
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Lakeisha Griffith, Lilburn, for appellant.
    for defendant: Randall Farmer, (Attorney at Law), Marietta, Russell Britt, (Attorney at Law), Atlanta, Pearson Cunningham, (Hall Booth Smith), Atlanta, for appellee; Brandon White, (Fulton County Office of the Solictor General), Atlanta, for other party.
    Case Number: A22A1742

    Tort Claims Based on Complaint Filed With Professional Standards Agency Was Barred by Sovereign and Official Immunity