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  • Howard v. State

    Publication Date: 2015-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Russell Jones Public Defender's Office, Springfield, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, and Joshua Smith District Attorney's Office, Augusta, for appellee.
    Case Number: A15A1219

    The juvenile's constitutional rights were not implicated when he spontaneously made a statement of apology as an o led him to the booking desk at the sheriff's o

  • Klemetti v. State

    Publication Date: 2015-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Steve Klemetti, Phenix City, AL, proceeded pro se. Suzanne Goddard, Solicitor General, and Michelle Huiet Solicitor General's Office, Columbus, for appellee.
    for defendant:
    Case Number: A15A1193

    The State met its burden of proving that the defendant was driving 49 miles per hour in a 35 mile per hour speed zone, and the defendant failed to present evidence in support of his affirmative defe

  • McCumber v. Petroleum Servs. Group LLC

    Publication Date: 2015-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kathryn Pinckney, Brent Savage, and Alan Payne Savage Turner PC, Savannah, for McCumber. Christopher Rouse Rouse Copeland LLC, Savannah, for Petroleum Servs. Group LLC. Christopher Phillips and Nicholas Laybourn Hunter, MacLean, Exley Dunn PC, Savannah, for K. C. Petroleum Inc.. Other party representation: Vera Edenfield Edenfield, Cox, Bruce Classens, Statesboro.
    for defendant:
    Case Number: A15A0055; A15A0056

    Collateral estoppel barred the plaintiffs' claims for fraud and negligence, even though the plaintiffs were not parties to the prior action, because they were the sole owners of the plaintiff-compan

  • State v. Wright

    Publication Date: 2015-08-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Joseph Mulholland, District Attorney, Michael Bankston, Assistant District Attorney, and Moruf Oseni District Attorney's Office, Bainbridge, for appellant.
    for defendant: Patrick Chisholm Public Defender's Office, Bainbridge, for appellee.
    Case Number: A15A0653

    The state appeals from the trial court's grant of a general demurrer against an indictment's count alleging that Tommy Lugene Wright committed the offense of possession of a controlled substa

  • Ciras LLC v. Hydrajet Tech. LLC

    Publication Date: 2015-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Michael Sierra and John Sandifer Raley Sandifer PC, Atlanta, for appellant.
    for defendant: Stephen Michmerhuizen Coppedge Evans PC, Robert McCurry, Charles Smitherman The McCurry Law Firm, R. Leslie Waycaster, Dalton, and Nabil Mansour, Kennesaw, for appellees.
    Case Number: A15A0357

    This appeal challenges the trial court's exclusion of business records at a bench trial. Because the trial court abused its discretion in excluding the evidence, we reverse and rema

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

    View this Book

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  • Harris v. State

    Publication Date: 2015-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John Kraus, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A15A0634

    Andre Harris appeals from his convictions of child molestation and enticing a child for indecent purposes. He challenges the sufficiency of the evidence, the allowance of certain rebuttal testim

  • State v. Ozment

    Publication Date: 2015-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Barbara Sosebee, District Attorney, Ellijay, and Michael Ray District Attorney's Office, Jasper, for appellant.
    for defendant: Floyd Farless, Rome, for appellee.
    Case Number: A15A0495

    The state appeals from the court's order dismissing three counts of an accusation after the court had accepted the defendant's guilty plea to another count of the accusation. Because the

  • City of Atlanta v. Hotels.com LP

    Publication Date: 2015-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: William Norwood Pope McGlamry Kilpatrick Morrison Norwood PC, Atlanta, Charles Pope, and Wade Tomlinson Pope McGlamry Kilpatrick Morrison Norwood PC, Columbus, for appellant.
    for defendant: Lucas Andrews, E. Kendrick Smith Jones Day, Brett Rogers, Richard Sinkfield Rogers Hardin, Frank Lowrey Bondurant, Mixson Elmore, Atlanta, Elizabeth Herrington McDermott Will Emery LLP, David Stagman, Matthew Brown Katten Muchin Roseman LLP, Chicago, IL, Karen Valihura Skadden Arps Slate Meagher Flom LLP, Wilmington, DE, Darrel Hieber Skadden Arps Slate Meagher Flom LLP, Los Angeles, CA, James Karen, and Deborah Sloan Jones Day, Dallas, Texas, for appellees.
    Case Number: A15A0117

    This is the latest chapter in litigation between the City of Atlanta, Georgia the City and several online travel companies OTCs regarding occupancy taxes due on hotel rooms in the City that are

  • Jones v. Holland

    Publication Date: 2015-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Katherine McArthur, Caleb Walker, and Laura Hinson Katherine L. McArthur LLC, Macon, for appellant.
    for defendant: Daniel Bullard Bullard Wangerin LLP, Macon, and John Smith Young, Thagard, Hoffman, Smith Lawrence, Valdosta, for appellee.
    Case Number: A15A0430

    Raymond Jones filed a complaint against Harry Holland, Jr., for damages arising from a motor vehicle collision. The trial court granted summary judgment to Holland, finding no evidence of neglige

  • Williams v. State

    Publication Date: 2015-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Stanley Schoolcraft Public Defender's Office, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A15A0544

    After a jury trial, Demarques Lee Williams was convicted of aggravated assault and aggravated battery. In this appeal, he argues that the trial court should have merged the convictions for sent