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  • Albenberg v. Szalay

    Publication Date: 2015-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Rogers Coleman, Chambers Rogers LLP, Gainesville, for Albenberg. Rustin Smith and Nancy Richardson Stewart Melvin Frost LLP, Gainesville, for Szalay.
    for defendant:
    Case Number: A15A0175; A15A0176

    The plaintiff's express eas across the defendants' property could not be varied or expanded on the basis of an implied eas or a utilities eas

  • Albenberg v. Szalay

    Publication Date: 2015-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Rogers Coleman, Chambers Rogers LLP, Gainesville, for Albenberg. Rustin Smith and Nancy Richardson Stewart Melvin Frost LLP, Gainesville, for Szalay.
    for defendant:
    Case Number: A15A0175; A15A0176

    Anne Albenberg, whose property is landlocked, filed this action against adjoining landowners James and Karin Szalay, seeking, among other things, an ingress-egress easement across the Sz

  • Burden v. State

    Publication Date: 2015-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Ronnie Wotorson The Wotorson Firm LLP, Atlanta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, and John Edwards District Attorney's Office, Marietta, for appellee.
    Case Number: A15A0621

    A jury found Ishmael Burden guilty of aggravated assault. The trial court entered judgment of conviction, imposed a 15-year sentence and denied a motion for new trial. Burden appeals, claiming th

  • Tuggle v. Rose

    Publication Date: 2015-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Neeru Gupta and Brandon Moulard Nelson Mullins Riley Scarborough LLP, Atlanta, for appellant.
    for defendant: Mackenzie Cole and Chalmer Detling The Detling Law Group, Marietta, for appellees.
    Case Number: A15A0711

    Harriet Tuggle, a teacher at a Fulton County middle school, appeals the denial of her motion for summary judgment on official immunity grounds in this assault-and-battery action brought by a

  • Miller v. Lomax

    Publication Date: 2015-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Irwin Stolz Hurt, Stolz Cromwell LLC, Athens, and James Patrick, Columbus, for appellant.
    for defendant: . Jacob Beil The Beil Law Firm PC, Richard Childs, Robert Lomax, and Ray Hendrix, Columbus, for appellees.
    Case Number: A15A0447

    This appeal is from a dismissal under Georgia's five-year rule. Lee individually and in her role as trustee of the Linda J. Irrevocable Special Needs Trust and Robert McCready

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  • Parrish v. Chrysler Fin. Servs. Americas LLC

    Publication Date: 2015-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Yancey, Brunswick, for appellant.
    for defendant: Alexander Zubrowski MacDowell Associates LTD, Atlanta, for appellee.
    Case Number: A15A0397

    John T. Parrish appeals the grant of summary judgment to Ch Financial Services Americas, LLC, in its suit for a deficiency judgment. Because the record is devoid of evidence that Ch

  • Little v. State

    Publication Date: 2015-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jonathan Waters, Macon, for appellant.
    for defendant: K. David Cooke Jr., District Attorney, Ft. Valley, Myra Tisdale, Assistant District Attorney, and William Johnson District Attorney's Office, Macon, for appellee.
    Case Number: A15A0017

    The evidence supported the defendant's conviction for practicing dentistry without a license following an undercover investig

  • Shears v. State

    Publication Date: 2015-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Lucas Harsh, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Richard Armond District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A15A0076

    The defendant failed to prove his ineffective assis of trial counsel claims following his convictions for trafficking in methamphetamine and possessing a controlled subs

  • Lopez v. State

    Publication Date: 2015-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Michael Marr, Doraville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Lee Tittsworth District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A15A0097

    The defendant failed to prove that his trial counsel was ineffective in failing to raise a lack of notice objection to evidence of prior difficulties between the defendant and the victim, ice

  • Skelhorn v. State

    Publication Date: 2015-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Eric Crawford Crawford Boyle LLC, Monroe, for appellant.
    for defendant: Layla Zon, District Attorney, Melanie Bell, Assistant District Attorney, and Agatha Romanowski District Attorney's Office, Covington, for appellee.
    Case Number: A15A0280

    The evidence showed that the defendant had obscene Internet contact with a person he believed to be a child by way of an on-line messaging service, in violation of the Computer or Electronic Pornogr