• Melancon v. The State

    Publication Date: 2023-08-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Ryan Locke, (Locke Law Firm, LLC), Atlanta, for appellant.
    for defendant: Flynn Broady, Linda Dunikoski, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.

    Case Number: A23A0517

    Interference With Child Abuse Investigation Supported Convictions For Second-Degree Child Cruelty and Second-Degree Murder

  • Lundy et al. v. Hancock County et al.

    Publication Date: 2023-08-02
    Practice Area: Government | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Martin Fierman, Ben Fierman, (Fierman Law Firm), Madison, for appellant.
    for defendant: Jason Waymire, Terry Williams, (Attorney at Law), Buford, for appellee.

    Case Number: A23A0301

    Jail Officers' Ministerial Duty to Check on Suicidal Arrestee Commenced as Soon as Arrestee Was Placed in Cell

  • Smaha et al. v. The Medical Center of Central Georgia, Inc.

    Publication Date: 2023-07-31
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Clay, (Pratt Clay, LLC), Atlanta, Wesley Taulbee, (Clay Taulbee & Myers, LLC), Statesboro, James Myers, (Insley & Race LLC), Atlanta, for appellant.
    for defendant: Jo Jagor, Austin Atkinson, (Hall Booth Smith, P.C.), Atlanta, Roy Meeks, Atlanta, Amanda Speier, (Taylor English Duma LLP), Atlanta, for appellee.

    Case Number: A23A0267

    Court affirms dismissal of plaintiff's expert in a medical malpractice case because he had no relevant experience to qualify as an expert on the nursing standard of care

  • Riley et al. v. Barreras

    Publication Date: 2023-07-28
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kristi Bankston, (Worsham Corsi Scott and Dobur), Marietta, Robert Harrison, Jackson Griner, (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: Alex Dixon, (Alex L. Dixon, P.C.), Lagrange, for appellee.

    Case Number: A23A0553

    Plaintiff Offered No Evidence to Support Theories of Negligent Entrustment or Vicarious Liability

  • Shockley v. The State

    Publication Date: 2023-07-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Kelbaugh, (The Kelbaugh Firm LLC), Atlanta, for appellant.
    for defendant: Lee Darragh, Kelley Robertson, (district attorney, NEJC of GA), Gainesville, for appellee.

    Case Number: A23A0071

    Court affirms drug trafficking and obstruction convictions over defendant's challenge to sufficiency of evidence, and claims in error and ineffective assistance

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  • 110 Hampton Point, LLC v. Ross

    Publication Date: 2023-07-27
    Practice Area: Contractual Disputes | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Steven Blackerby, (Brown, Readdick, Bumgartner), Brunswick, for appellant.
    for defendant: Jason Tate, (Roberts Tate, LLC), Saint Simons Island, for appellee.

    Case Number: A23A0471

    Home Seller Failed to Establish That Buyer Would Not Be Able to Support Claim of Fraudulent Failure to Disclose Defects

  • Scott v. The State

    Publication Date: 2023-07-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Walker, (Georgia Public Defender Council), Macon, for appellant.
    for defendant: Stacey Jackson, Tina Stanford, (Chattahoochee Circuit District Attorney’s Office), Columbus, for appellee.

    Case Number: A23A0321

    Trial Court Properly Determined That Motion to Suppress Evidence Was Not Timely Filed

  • North American Senior Benefits, LLC v. Wimmer et al.

    Publication Date: 2023-07-19
    Practice Area: Contractual Disputes
    Industry: Recruitment and Staffing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Hayes, (Attorney at Law), Atlanta, Thaddeus Wilson, Zachary McEntyre, Valentin Leppert, Andrew Chinsky, (King & Spalding LLP), Atlanta, for appellant.
    for defendant: Jeffrey Mokotoff, Leslie Hartnett, (FordHarrison, LLP), Atlanta, Abigail Larimer, (Morris Manning & Martin LLP), Atlanta, Benjamin Fryer, Charlotte, for appellee.

    Case Number: A23A0162

    Court affirms that a restrictive covenant which prohibits solicitation of employees but lacks explicit geographic limitations is not enforceable under Georgia law

  • Friendship Enterprises, Inc. v. Hasty

    Publication Date: 2023-07-06
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jason Hergenroether, (McAngus Goudelock & Courie), Atlanta, Michael DeLeva, (SK Law Group), Atlanta, for appellant.
    for defendant: Mark Sullivan, (Mark A. Sullivan Law Firm, LLC), Atlanta, for appellee.

    Case Number: A23A0520

    Court reverses denial of summary judgment on some claims and affirms on others due to issues of material fact in an injury case involving burns from liquid nitrogen burns

  • Goode v. The State

    Publication Date: 2023-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Greg Willis, (Willis Law Firm), Atlanta, Samuel Sliger, (McDonald & Cody, LLC), Cornelia, for appellant.
    for defendant: William Langley, (District Attorney), Blairsville, Francis Moran, (Lumpkin County District Attorney's Office), Dahlonega, for other party.

    Case Number: A23A0200

    Court reverses denial of a motion to suppress DUI evidence because State failed to prove essential facts top justify a prolonged detention of defendant