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  • Aitken v. The State

    Publication Date: 2023-01-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Bernard Brody, (Brody Law Firm), Atlanta, for appellant.
    for defendant: Fani Willis, Kevin Armstrong, Mathew Plott, (Fulton County - Office of the County Attorney), Atlanta, for appellee.
    Case Number: A22A1264

    Court affirms child molestation convictions over defendant's assertions of ineffective assistance of counsel and trial court error on closing arguments

  • Sigmon v. Dekalb County School District

    Publication Date: 2022-12-20
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Sandra Sigmon, Marietta, for appellant.
    for defendant: Randall Farmer, Marietta, Jenna Rubin, (Fisher Phillips), Atlanta, for appellee.
    Case Number: A22A1311

    Court reverses dismissal of former teacher's breach of contract claim but affirms dismissal of her claim for a due process violation

  • City of Atlanta et al. v. Girls Galore, Inc.

    Publication Date: 2022-12-12
    Practice Area: Entertainment and Sports Law
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joel Callins, Hermise Pierre, (City of Atlanta Law Department - Litigation Practice Group), Atlanta, for appellant.
    for defendant: Cary Wiggins, (Wiggins Law Group), Atlanta, for appellee.
    Case Number: A22A1608

    Court affirms superior court reversal of mayor's sanctions on a nightclub where those sanctions were not based on findings from a Review Board hearing

  • Mommies Properties, LLC et al. v. Semanson et al.

    Publication Date: 2022-11-30
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Teague, (Attorney at Law), Cumming, Larry Oldham, (Larry C. Oldham, P.C.), Cumming, Vinay Bose, Atlanta, for appellant.
    for defendant: Timothy Buckley, Eric O’Brien, (Buckley Christopher, P.C.), Atlanta, Paul Frickey, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, for appellee.
    Case Number: A22A1071

    Court affirms summary judgment for a county commissioner and inspector on plaintiff's claims for damages, and reverses on request for prospective injunctive relief

  • Chausmer et al. v. Gottlieb et al.

    Publication Date: 2022-11-21
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Aaron Chausmer, (Chausmer Law LLC), Atlanta, for appellant.
    for defendant: Darryl Haynes, (Lynn Leonard & Associates), Atlanta, for appellee.
    Case Number: A22A0620

    Court affirms summary judgment in favor of one property owner whose tree fell and damaged another owner's house, finding no evidence of knowledge of a defect

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Las Colinas Apartments LLC et al. v. Fannie Mae

    Publication Date: 2022-11-08
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Hanson, (Weathington LLC), Atlanta, for appellant.
    for defendant: Curtis Anderson, (Downey & Cleveland, LLP), Marietta, Kimberly Rizzotti Weber, (Aldridge Pite, LLP), Atlanta, for appellee.
    Case Number: A22A0912

    Court affirms summary judgment order on damages against a debtor in a loan default and foreclosure action

  • Federal Express Corporation et al. v. Denney

    Publication Date: 2022-11-03
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jerry Buchanan, (Buchanan Law Firm, PC), Columbus, William Holley, Anne Baroody, (Parker, Hudson, Rainer & Dobbs LLP), Atlanta, Michael Sansbury, (Spotswood Sansom & Sansbury, LLC), Birmingham, for appellant.
    for defendant: Dustin Brown, (Crawford & Brown Law Firm LLP), Columbus, Jefferson Callier, (The Callier Firm), Columbus, John Clark, Michael Smith, Richard Sizemore, (Clark & Smith Law Firm, LLC), Macon, Jason Crawford, (Crawford & Brown Law Firm LLP), Columbus, for appellee.
    Case Number: A22A0763

    Trial court erred when it set aside a default judgment as to only one of three defendants in a vehicle accident case where judgment was unapportioned

  • Shaughnessy v. The State

    Publication Date: 2022-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Sylvia Goldman, (Attorney at Law), Marietta, for appellant.
    for defendant: Flynn Broady, Leslie Coots, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A22A0914

    Court affirms convictions for child molestation and aggravated sexual battery over defendant's contentions of ineffective assistance of counsel

  • Bentley v. Moore

    Publication Date: 2022-10-17
    Practice Area: Attorney Rates and Arrangements
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, Sarah Pomella Cornejo, (Saraj Cprmekp Law, LLC), Woodstock, for appellant.
    for defendant: Bret Moore, (Poole Huffman, LLC), Tucker, Ross Moore, (Ross Moore,II, P.C.), Atlanta, for appellee; Christopher Brookhart, (Downey & Cleveland, LLP), Marietta, for other party.
    Case Number: A22A0735

    Court affirms order denying plaintiff's motion to invalidate an attorney's lien because some evidence indicated that the plaintiff authorized an underlying settlement

  • Manor v. The State

    Publication Date: 2022-10-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Steven Sparger, (Attorney at Law), Savannah, for appellant.
    for defendant: Michael Edwards, Shalena Jones, Burt Burton, (Eastern Judicial Circuit District Attorney’s Office), Savannah, for appellee.
    Case Number: A22A1020

    Court reverses conviction for possession of marijuana with an intent to distribute because of chain of custody failure regarding the marijuana sample that was tested