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  • Yanes v. Escobar

    Publication Date: 2022-03-30
    Practice Area: Civil Appeals | Family Law | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Lloyd Matthews, (Attorney at Law), Canton, for appellant.
    for defendant: T Bushnell, (Bushnell & Drye, LLC), Atlanta, for appellee.
    Case Number: A22A0315

    Appeal Was Subject to Discretionary Appeal Procedure and Shortened Appeal Deadline And Was Therefore Untimely Filed

  • Donovan v. The State

    Publication Date: 2022-02-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Dixon Lackey, Herbert Poston, (Assistant District Attorney), Dalton, for appellee.
    Case Number: A21A1407

    Court vacates order denying pro se motion for a new trial because defendant did not knowingly, intelligently, and voluntarily waive his right to post-conviction counsel

  • Nayani v. Hassanali et al.

    Publication Date: 2022-02-08
    Practice Area: Business Torts | Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado, (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Matthew Parrish, (Robbins Ross Alloy Belinfante Littlefield), Atlanta, Heather Sharp, (First Option Mortgage), Atlanta, for appellee.
    Case Number: A21A1509

    Contract For Sale of Shares in Professional Corporation to Non-Professional Was Void as Matter of Statutory Law

  • Dentistry for Children of Georgia et al. v. Foster et al.

    Publication Date: 2022-01-21
    Practice Area: Discovery
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Michael Bailey, Michael Frankson, Randolph Powell, Paige Mckinney, (Huff Powell & Bailey LLC), Atlanta, Michael Wright, Sybil Newton, (Starnes Davis Florie LLP), Birmingham, for appellant.
    for defendant: Lee Atkinson, Andrew Hill, (Blasingame, Burch, Garrard & Ashley, PC), Athens, Dustin Davies, (Hasty Pope LLP), Gainesville, Davis Loftin, Jeffrey Mykkeltvedt, (Mykkeltvedt & Loftin, LLC), Atlanta, John Mabrey, (The Mabrey Firm, P.C.), Atlanta, James Matthews, (Blackwood, Matthews & Steel), Athens, Jonathan Pope, (Hasty Pope LLP), Canton, William Armstrong, (Attorney at Law), Marietta, Alexandra Hughes, (Carlock Copeland & Stair, LLP), Atlanta, Kathryn Burmeister, (Burmeister Law Firm, LLC), Roswell, Bryan Sutlive, (Sutlive & Associates, LLC), Atlanta, for appellee.
    Case Number: A21A1746

    Court affirms harsh sanction of precluding defendants from defending claims in a personal injury case due to defendants' willful failure to respond to discovery

  • Fossier v. The State

    Publication Date: 2022-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Luttrell, (Attorney at Law), Canton, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Harold Buckler, Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Christopher Carr, Paula Smith, (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A21A1735

    Child Victim's Failure to Identify Defendant in Open Court Did not Preclude Jury's Conclusion Defendant Was Perpetrator

  • The Mark A. Schneider Revocable Trust v. Hardy

    Publication Date: 2021-12-30
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mark Schneider, Lindsay Kennedy, (Mark A. Schneider P.A.), Fort Lauderdale, for appellant.
    for defendant: Alan Norton, (Luther-Anderson, PLLP), Chattanooga, for appellee.
    Case Number: A21A1461

    Court Erred in Granting Motion to Dismiss Complaint as Barred by the Statute of Limitation in Reliance on Matters Outside Complaint and Answer

  • Perry et al. v. Paul Hastings, LLP et al.

    Publication Date: 2021-12-29
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kimberly Ellison, Wayne Kendall, (Wayne B Kendall PC), Fayetteville, for appellant.
    for defendant: Jeremy Littlefield, Richard Robbins, Carey Miller, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee.
    Case Number: A21A1726

    Court Lacks Jurisdiction to Consider Appeals; Notice of Appeal Must Be Filed Within 30 Days After Entry of Appealable Decision or Judgment Complained Of

  • Westmoreland v. Walgreen Co

    Publication Date: 2021-12-28
    Practice Area: Evidence | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Theodore Lackland, (Lackland & Associates LLC), Marietta, for appellant.
    for defendant: Harold Hilton, (Hawkins Parnell Thackston & Young LLP), Atlanta, Terrance Sullivan, (Insley & Race, LLC), Atlanta, Pearson Cunningham, Asya Morgan, (Hall Booth Smith), Atlanta, for appellee.
    Case Number: A21A1753

    Court affirms summary judgment in favor of a retail store on plaintiff's claim for premises liability after she was injured by glass from bottles that dropped onto a floor

  • Kempton v. Southern Flavor Real Estate, LP

    Publication Date: 2021-12-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Waymon Harrell, (Attorney at Law), Perry, for appellant.
    for defendant: Christopher Conley, (James Bates Brannan Groover, LLP), Macon, for appellee.
    Case Number: A21A1551

    Court affirmed summary judgment in favor of a greenhouse operator and against neighbor's claims of nuisance due to excess light that is emitted from the greenhouse

  • Neely v. The State

    Publication Date: 2021-12-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Barbara Mattes, (Barbara Mattes Attorney at Law), Athens, for appellant.
    for defendant: Joshua Smith, Jared Williams, (District Attorney's Office), Augusta, for appellee.
    Case Number: A21A1216

    Court reverses trial court's denial of motion to suppress evidence seized during a traffic stop because the stop was unreasonably prolonged with no suspicion of a crime