• Long v. Truex

    Publication Date: 2019-05-21
    Practice Area: Attorney Compensation | Civil Appeals | Family Law
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Cherie Long, Decatur, for appellant.
    for defendant: Stephen Berk, (Berk & Moss, P.C.), Decatur, for appellee.

    Case Number: A19A0038

    Order Denying Custody Modification Was Supported by Evidence of Parent's Mental Health Problems

  • Gutierrez et al. v. Hilti, Inc.

    Publication Date: 2019-05-01
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Albert Chapar, (The Chapar Firm, LLC), Conyers, Ricardo DeMedeiros, (The Law Office of Rick J. DeMedeiros, PC), Conyers, Jorge Flores, (The Law Office of Jorge Luis Flores, LLC), Conyers, for appellant.
    for defendant: Neal Scott, (Law Office of Terry-Dawn Thomas), Atlanta, for appellee. Greg Smith, Lawrenceville, for Other party.

    Case Number: A18A1893

    Court Reverses Trial Court Order Granting Summary Judgment to Hardware Retailer That Sold Part with Incorrect Instructions and Installation Tools Where Seller Argued Lack of Duty to Provide Proper Tool and Lack of Evidence of Causation

  • Dixon et al. v. Branch Banking and Trust Company

    Publication Date: 2019-04-30
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Frank Moore, (Frank X. Moore Law), Blue Ridge, for appellant.
    for defendant: Vincent Arpey, (Attorney at Law), Atlanta, Patrick Geheren, Nicholas Castricone, (The Geheren Firm, P.C.), Atlanta, Nancy Baughan, John Elliott, (Parker Hudson Rainer & Dobbs LLP), Atlanta, for appellee.

    Case Number: A18A2010

    No dismissal of wrongful foreclosure suit where property owner can establish facts that show Lender's mistakes

  • Schaffeld v. Schaffeld

    Publication Date: 2019-04-30
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Cunningham, (Attorney At Law), Lafayette, for appellant.
    for defendant: Clifton Patty, (Attorney At Law), Ringgold, for appellee.

    Case Number: A18A1947

    Former spouse was not in a meretricious relationship and was entitled to continue to receive alimony

  • Daniels v. The State

    Publication Date: 2019-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Veronica O'Grady, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Paul Howard, Marc Mallon, Kevin Armstrong, (Senior Assistant District Attorney), Atlanta, for appellee.

    Case Number: A18A1865

    Robbery by force conviction affirmed over defendant's evidentiary objections

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  • Villa Sonoma at Perimeter Summit Condominium Association, Inc. v. Commercial Industrial Building Owners Alliance, Inc. et al.

    Publication Date: 2019-04-29
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Michael Robl, (Robl Law Group LLC), Tucker, William Merlin, Ashley Harris, Michael Poli, (Merlin Law Group PA), Tampa, Phoenix, for appellant.
    for defendant: Eric Jenniges, Ronald Negin, Anne-Marie Shipe, (Busby & Negin), Atlanta, Michael Kennick, (Kennick & Associates), Fullerton, Richard Zelonka, (Wood Smith Henning & Berman), Atlanta, Gregory Mast, (Fields Howell LLP), Atlanta, Hobart Hind, (Butler, Pappas, Weihmuller, Katz, Craig, LLP), Tampa, Thomas Wingfield, C. Johnson, (Hall Booth Smith, P.C.), Atlanta, Stephanie Glickauf, (Goodman McGuffey, LLP), Atlanta, James Kitces, (Robins Kaplan LLP), Boston, Jeffrey Lewis, Megan Mitchell, (Arnall Golden Gregory LLP), Atlanta, Gregory Mast, (Fields Howell LLP), Atlanta, Wayne Taylor, Michelle Sherman, (Mozley Finlayson & Loggins), Atlanta, Robert Fisher, Brandon Gossett, (Clyde & Co. US LLP), Atlanta, Stephen Cotter, Frederick Ferrand, Amy Rubenstein, (Swift, Currie, McGhee & Heirs), Atlanta, for appellee.

    Case Number: A18A1760

    Court reinstates fraud and misrepresentation claims against an insurance entity

  • Hartman v. The PIP-Group, LLC

    Publication Date: 2019-04-17
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Clyde, (Kilpatrick Townsend & Stockton LLP), Atlanta, appellant.
    for defendant: David Klein, (Rountree & Leitman, LLC), Atlanta, for appellee.

    Case Number: A18A1529

    Court Affirms Dismissal of Suit for Breach of Contract but Reverses Order Enjoining Unsuccessful Plaintiff from Speaking About Defendant in the Future

  • Parke Towne North Apartments, LLC et al. v. Castro et al.

    Publication Date: 2019-04-17
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Glenn Bass, Trisha Godsey, (Scrudder Bass Quillian Horlock Taylor & Lazarus), Atlanta, for appellant.
    for defendant: Eric Rogers, Michael Goldberg, Nathan Gaffney, (Fried Rogers Goldberg LLC), Atlanta, Steven Litner, (Litner + Deganian PC), Atlanta, for appellee.

    Case Number: A18A1985

    Court Affirms Order Denying Summary Judgment Where Partner of Plaintiff Fell to Death from Balcony with Guardrails That Did Not Meet Building Code and Defendant Claimed Non-Compliant Guardrails Were Grandfathered In

  • Heath v. The State

    Publication Date: 2019-04-08
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Joshua Smith, Natalie Paine, (District Attorney's Office), Augusta, for appellee.

    Case Number: A18A2112

    Vehicular homicide conviction reversed due to trial counsel's failure to file a general demurrer to a defective indictment

  • Byrd v. Robinson

    Publication Date: 2019-04-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Herschel Byrd, (Calhoun State Prison), Morgan, for appellant.
    for defendant: Paula Rafferty, Tina Robinson, (Fulton County Attorney's Office), Atlanta, for appellee.

    Case Number: A18A1485

    Appellate court declines to exercise original jurisdiction over mandamus petition