• Robinson v. Brown

    Publication Date: 2024-10-29
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Daniel Greenfield, (Jack F. Witcher), Bremen, Candace Rader, (Attorney at Law), Carrollton, Nathaniel Wheelwright, (Attorney at Law), Breman, for appellant.
    for defendant: Desiree Duke, Timothy Heath, (The Duke Law Firm, LLC.), Carrollton, for appellee; Timothy MacMillan, (The Law Office of Timothy J. MaCmillan), Carrollton, for other party.

    Case Number: A24A0786

    Court reverses denial of new trial motion in a child custody dispute case due to the trial court's ruling on the motion without holding a hearing

  • Warren v. Wal-Mart Stores East, LP (Delaware)

    Publication Date: 2024-10-28
    Practice Area: Civil Procedure | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Greason, (Attorney at Law), Stone Mountain, for appellant.
    for defendant: Garret Meader, (Drew Eckl & Farnham, LLP), St. Simons Island, Lauren Smith, St. Simons Island, for appellee.

    Case Number: A24A0815

    Court affirms dismissal of premises liability suit due to plaintiff's failure to timely participate and respond to discovery

  • The State v. Haynes

    Publication Date: 2024-10-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David White, (District Attorney), Hartwell, Jeffrey Lee, (Elbert County District Attorney's Office), Elberton, for appellant.
    for defendant: Jeffrey Rothman, (Daniels & Rothman, P.C.), Athens, for appellee.

    Case Number: A24A0923

    Court reverses exclusion of blood-test evidence in vehicular homicide case, finding that a warrant for the evidence was supported by probable cause

  • The West Firm, P. C. v. Central United Methodist Church of Atlanta, Inc. et al.

    Publication Date: 2024-10-25
    Practice Area: Contracts
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Steven West, (Days & West, P. C.), Atlanta, Lisa West, (The West Firm), Atlanta, for appellant.
    for defendant: Ronald Freeman, Chelsea Freeman Dease, (Johnson & Freeman, LLC), Union City, for appellee.

    Case Number: A24A0750

    Court partially reverses summary judgment in a contract payment dispute due to issues of material fact as to date or tendered payment, but affirms judgment on interference and conspiracy

  • Couch v. The State

    Publication Date: 2024-10-24
    Practice Area: Criminal Law | Evidence
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Matthew Nestrud, (Coweta Circuit Public Defender’s Office), Franklin, for appellant.
    for defendant: John Cranford, (Coweta Judicial Circuit), Newnan, Matthew Moore, (Lookout Mountain Judicial Circuit District Attorney), Lafayette, for appellee.

    Case Number: A24A1034

    Court affirms denial of motion drug suppress evidence found in a hotel room because hotel guest lost a right to privacy after scheduled checkout time

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    Authors: Gary L. Brown

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  • Crookshanks v. Crookshanks

    Publication Date: 2024-08-23
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Chris Crookshanks, Lewisburg, for appellant.
    for defendant: Barbara Claridge, (Claridge Law Firm), Augusta, for appellee.

    Case Number: A24A1069

    Court vacates and remands modified child custody and support order due to trial court's failure to provide statutorily-required findings of fact and conclusions of law

  • Tibbetts v. Worth County School District et al.

    Publication Date: 2024-08-21
    Practice Area: Contractual Disputes | Government
    Industry: 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

    Court vacates its prior opinion and adopts Supreme Court ruling that a former teacher's breach of contract action was barred by sovereign immunity because a valid contract had not been formed

  • The State v. Hanks

    Publication Date: 2024-08-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Fani Willis, Kevin Armstrong, Jayna Easton, (Fulton County District Attorney Office), Atlanta, Caitlin Adcock, (Cherokee County District Attorney’s Office), Canton, for appellant.
    for defendant: Lauren Shubow, (Attorney at Law), Atlanta, Brittany Saulsberry, (Office of the Public Defender, Macon Judicial Circuit), Macon, for appellee.

    Case Number: A24A0256

    Court vacates evidence suppression order in a drug possession case and remands for further proceedings to determine if search warrant was prompted by an unlawful dog sniff test

  • Georgia Department of Community Health v. Houston Hospitals, Inc.

    Publication Date: 2024-08-06
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Carr, Margaret Eckrote, Charles Thimmesch, (Attorney General), Atlanta, Jeffrey Stump, Chelsea Harvey, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: Jason Bring, (Arnall, Golden, Gregory), Atlanta, Michael Gray, (Walker, Hulbert, Gray & Moore, LLP), Perry, for appellee; Kathlynn Polvino, (KBP Law, P.C.), Atlanta, for other party.

    Case Number: A24A0424

    Court affirms denial of certificates of need for a proposed freestanding emergency healthcare department

  • Pollard v. Deloach

    Publication Date: 2024-07-24
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joseph Mulherin, (Owens & Mulherin), Savannah, for appellant.
    for defendant: Walter Ballew, (Barrow & Ballew, P.C.), Savannah, for appellee.

    Case Number: A24A0539

    Court reverses summary judgment that had been in favor of a landlord in a premises liability case, finding that a jury must consider landlord's constructive knowledge of hazard