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  • Erickson v. Bank Of America, N. A. et al.

    Publication Date: 2018-05-03
    Practice Area: Creditors' and Debtors' Rights | Real Estate
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Sarah Erickson, Marietta, for appellant.
    for defendant: Jarrod Mendel (McGuire Woods LLP), Atlanta, for appellee.
    Case Number: A17A1839

    The trial court erred in granting summary judgment to bank on its complaint for declaratory judgment and equitable reformation of a security deed because it was no longer the holder of the security deed that provided the basis for its complaint and thus lacked standing to pursue those claims.

  • Beasley v. The State

    Publication Date: 2018-05-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Ramon Alvarado (Attorney at Law), Norcross; Ankur Trivedi (Trivedi Law Firm LLC), Lawrenceville, for appellant.
    for defendant: Daryl Manns (Assistant District Attorney Houston Judicial Circuit), Perry; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A17A1809

    Because defendant's prior nolo contendere plea to shoplifting was not a conviction for purposes of the sentencing provision of the shoplifting statute, he could not be found guilty of felony theft by shoplifting and the trial court erred in denying his motion to quash and special demurrer.

  • Webbs Erection, Inc. et al. v. Colonial Pacific Leasing Corporation

    Publication Date: 2018-04-30
    Practice Area: Civil Appeals
    Industry: Financial Services and Banking | Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Piercy, Benjamin Fink (Benjamin Fink Van Horn PC), Atlanta, for appellant.
    for defendant: David Pernini (Wargo & French LLP), Atlanta; Dustin Sharpes (Stone Kalfus LLP), Atlanta, for appellee.
    Case Number: A17A1370

    The trial court did not abuse its discretion in dismissing appellants' notice of appeal under O.C.G.A. § 5-6-48 (c) based on the untimely payment of costs of appeal.

  • In The Interest Of B. G., a child

    Publication Date: 2018-04-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Fakiha Khan (Law Office of Fakiha Khan P.C.), Johns Creek, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Victoria Wallace (VWW Law Office LLC), Decatur; Anoopa Laurens (Laurens Law LLC), Buford; Shalen Nelson (Senior Assistant Attorney General), Atlanta, for appellee. Jason Wilson (Attorney at Law), Duluth; Tadia Whitner (Attorney at Law), Norcross; Bruce Hawkins (Attorney at Law), Stone Mountain; Debra Hale, Sharon Blake-Palmer (Attorney at Law), Lawrenceville, for other party.
    Case Number: A17A1737

    Juvenile Court's Factual Misstatements and Conclusory Rulings Required Remand with Directions

  • The State v. Arline

    Publication Date: 2018-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Melinda Wynne (District Attorney's Office, Dougherty Judicial Cir), Albany; Gregory Edwards (District Attorney), Albany; Harold Moroz, St. Marys, for appellant.
    for defendant: Megan Lane (Attorney at Law), Donalsonville, for appellee.
    Case Number: A17A1773

    Trial Court Had Authority to Grant New Trial Based on New Evidence Heard by Court But Not Heard by Jury

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  • Zhong v. PNC Bank, N. A. et al.

    Publication Date: 2018-04-24
    Practice Area: Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    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: Sarah Reise, (Ballard Spahr LLP), Atlanta; Daniel Tobin (Ballard Spahr LLP), Washington; Linda Finley, Joseph Buller, Jonathan Green, Kristin Miller (Baker, Donelson, Bearman Caldwell & Berkowitz, PC), for appellee.
    Case Number: A17A1891

    Debtor Could Pursue Action Against Home Lender for Promissory Estoppel and for Failure to Provide Notice of Foreclosure

  • Delpiano v. JPMorgan Chase Bank, N. A.

    Publication Date: 2018-04-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Richard Alembik (Richard S. Alembik P.C.), Decatur, for appellant.
    for defendant: Ashby Fox, John Sullivan (Burr & Forman LLP), Atlanta, for appellee. Cynthia Smith (United States Attorneys Office), Atlanta, for other party.
    Case Number: A17A2039

    One Defendant's Admissions by Default Were Not Binding on Another Defendant Who Denied Plaintiff's Allegations

  • The State v. Stroud

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A17A1851

    The trial court properly granted defendant's motion in limine to suppress evidence of his refusal to submit to a state-administered chemical test of his blood, breath, or urine in his trial for DUI-less safe and failure to maintain lane, as the arresting officer's error in misreading the implied consent notice substantively changed the meaning of the notice and misled defendant as to a serious consequence of refusing to submit to testing thus depriving defendant of making an informed decision about whether to consent to the testing.

  • Cottingham v. Sapp

    Publication Date: 2018-04-02
    Practice Area: Personal Injury | Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Andrew Hinton (Hinton & Powell), Atlanta, for appellant.
    for defendant: Charles Shenton (Young Thagard Hoffman, Smith & Lawrence), Valdosta, for appellee.
    Case Number: A17A1790

    Slip-And-Fall Plaintiff's Contradictory Testimony Supported Conclusion She Had Superior Knowledge of Hazard

  • Potts et al. v. Rueda et al.

    Publication Date: 2018-03-30
    Practice Area: Civil Appeals | Contractual Disputes | Corporate Entities
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Eugene Butt (James Hugh Potts II, LLC), Atlanta; James Potts (Trial Lawyers), Atlanta, for appellant.
    for defendant: Andrew Matteson, Joseph Peake (Stout Kaiser Matteson Peake & Hendrick LLC), Atlanta, for appellee.
    Case Number: A17A0873

    Triable Issues As To Whether Disputing Parties Had Oral Partnership Agreeement