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  • Amason v. Highland Park Homeowners' Association, Inc.

    Publication Date: 2021-12-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, David Rhodus, (Rhodus Law Firm), Peachtree Corners, for appellant.
    for defendant: John Lueder, Zachary Trippe, (Lueder, Larkin & Hunter LLC), Alpharetta, for appellee.
    Case Number: A21A1339

    Court affirms summary judgment in favor of a homeowners' association and rejects property owner's claims of res judicata over claims of covenant violations

  • Jones v. The State

    Publication Date: 2021-12-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Amanda Walker, Bentley Adams, (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Noah Abrams, (Chatham County District Attorney's Office), Savannah, Shalena Jones, Abigail Long, (Eastern Judicial Circuit District Attorney's Office), Savannah, for appellee.
    Case Number: A21A1372

    Court affirms convictions for hijacking a motor vehicle and other crimes over defendant's contentions of ineffective assistance of counsel

  • In Re The Estate of Jeffcoat

    Publication Date: 2021-12-10
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Eleisha Pate, Riverdale, for appellant.
    for defendant: Shauna Jeffcoat, Riverdale, for appellee.
    Case Number: A21A1569

    Court affirms probate court order appointing a county administrator as estate executor rather than the individual executor named in the decedent's will

  • Renasant Corporation et al. v. Korst

    Publication Date: 2021-12-06
    Practice Area: Civil Procedure | Consumer Protection
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Michael Bruyere, Arash Sabzevari, (Freeman Mathis & Gary LLP), Atlanta, for appellant.
    for defendant: Walter Bibbins, (Hall Booth Smith PC), Atlanta, Walter Booth, (Jones & Booth LLC), Alpharetta, for appellee.
    Case Number: A21A0791

    Court affirms denial of mortgage lender's motion to dismiss Fair Housing Act complaint filed by a borrower who alleged discrimination due to his disabilities.

  • In the Interest of S. H., et al., Children

    Publication Date: 2021-12-06
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mark Jeffrey, (Attorney at Law), Marietta, for appellant.
    for defendant: Christopher Carr, Penny Hannah, Shalen Nelson, (Attorney General), Atlanta, for appellee; D. Arefin, (The Arefin Law Office, LLC), Peachtree Corners, Philip Cummings, Cumming, Maria Keller, (O’Driscoll Keller Law Group, LLC), Alpharetta, for other party.
    Case Number: A21A0784

    Court reverses juvenile court order that terminated a father's parental rights and remands for determination of whether he waived his right to counsel.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Spillers v. Brinson et al.

    Publication Date: 2021-12-03
    Practice Area: Evidence | Trusts and Estates
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Cox, (Charles E. Cox, Jr., LLC), Macon, Jerry Lumley, (Lumley and Harper, LLC.), Macon, for appellant.
    for defendant: Robert Lawson, Robert Tuggle, (Daniel, Lawson, Tuggle & Jerles, LLP), Perry, for appellee.
    Case Number: A21A0837

    Court affirms denial of summary judgment motion where lay opinion testimony established an issue of material fact as to the authenticity of an insurance beneficiary form

  • Doe v. Roe

    Publication Date: 2021-12-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Frank Podesta, (FGP Law, LLC), Roswell, William Ney, (William Brent Ney, LLC), Lawrenceville, for appellant.
    for defendant: Douglas Davis, (Davis Lawyers LLC), Atlanta, for appellee.
    Case Number: A21A1095

    Issues of Fact Exist as to Whether Alleged Statements About Defendant Giving Plaintiff Genital Herpes Were Defamatory or False

  • Allstate Property and Casualty Insurance Company v. Nay

    Publication Date: 2021-11-19
    Practice Area: Insurance Law | Motor Vehicle Torts
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Brennan, Allison McDonald, (Fain, Major & Brennan, P.C.), Athens, for appellant.
    for defendant: Kenneth Pollock, (Attorney at Law), Atlanta, for appellee; Philip Pendergrass, (The Pendergrass Law Firm, P.C.), Peachtree Corners, for other party.
    Case Number: A21A0932

    Injured Motorist Could Not Evade Traditional UM Coverage Limits by Characterizing Settlement Amount as Punitive Damages

  • Smith v. The State

    Publication Date: 2021-11-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Monroe, (John Monroe Law, P.C.), Dawsonville, for appellant.
    for defendant: Fani Willis, Kevin Armstrong, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: A21A0879

    Court affirms convictions, for rape, child molestation, and related charges over defendant's challenges to evidence and contentions of error and ineffective assistance

  • De Paz v. De Pineda

    Publication Date: 2021-10-27
    Practice Area: Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jason Schneider, Molly Long, (Schneider Hammers LLC), Atlanta, Kathleen Edwards-Opperman, (Montlick & Associates, PC), Atlanta, for appellant.
    for defendant: Jonathan Adelman, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Kyle Joyce, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, for appellee; David Atkinson, (Swift Currie McGhee & Hiers, LLP), Atlanta, Myrece Johnson, (Attorney at Law), Atlanta, for AM.
    Case Number: A21A1134

    Trial Court Erred in Concluding That the Parties Reached a Settlement Agreement, as Defendant Failed to Satisfy Term of Acceptance