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  • Courtland Hotel LLC v. Salzer

    Publication Date: 2014-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: William Carmichael and Norman Campbell Stokes Lazarus & Carmichael LLP, Atlanta, for appellant.
    for defendant: Jonathan Forbes Kitchens New Cleghorn LLC, Atlanta, for appellee.
    Case Number: A14A1294

    The undisputed evidence showed that the parties did not intend for the defendant agent to be individually liable under a contract between the plaintiff and the prin

  • Pennington v. Gwinnett Cnty.

    Publication Date: 2014-10-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Larry Stewart, Lawrenceville, for appellant.
    for defendant: . Jennifer Savage, Senior Assistant County Attorney, and Michael Stephens Gwinnett Cnty. Law Dep't, Lawrenceville, for appellee.
    Case Number: A14A0999

    Inverse condemnation does not apply where the complaining party does not have a valid property interest

  • Vulcan Steel Structures Inc. v. McCarty

    Publication Date: 2014-10-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Michael Bennett and James Bennett The Bennett Law Firm, Valdosta, for appellant.
    for defendant: . Charles Watt Coleman Talley LLP, Valdosta, for appellees.
    Case Number: A14A0803

    The non-solicitation of customers covenant in the former employee's contract was unenforceable because it prohibited him from accepting business from unsolicited cl

  • Wagner v. Robinson

    Publication Date: 2014-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: William G. Schwall, Chattanooga, Tenn., for appellant.
    for defendant: Thomas F. Lindsay Townley & Lindsay LLC, Rossville, for appellee.
    Case Number: A14A0954

    A grant of summary judgment cannot be affirmed under the "right for any reason" rule on grounds not raised before the trial

  • Peters v. CertusBank Nat'l Ass'n

    Publication Date: 2014-09-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Johnson and Todd Robinson Knight Johnson LLC, Atlanta, for appellant.
    for defendant: . Victor Harrison Harrison & Horan PC, Douglasville, for appellee.
    Case Number: A14A1274

    The trial court erred in confirming a non-judicial foreclosure sale because the lender failed to mail the notice of sale using one of the methods set forth in O.C.G.A. § 44-14-16

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Fraser v. State

    Publication Date: 2014-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: David Jones King, King & Jones PC, Atlanta, for appellant.
    for defendant: Tasha Mosley, Solicitor General, Adrienne Nash, Deputy Chief Assistant Solicitor General, and Steven Snider, Senior Assistant Solicitor General, Jonesboro, for appellee.
    Case Number: A14A0863

    The trial court did not err in admitting test concerning prior difficulties with the victim, since the defendant failed to make a contemporaneous objection to the test

  • Gordon v. State

    Publication Date: 2014-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kevin Armstrong Public Defender's Office, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, Albany, for appellee.
    Case Number: A14A1437

    Although the evidence supported the defendant's convictions, it was unclear whether the court applied the proper standard when ruling on his motion for new

  • Davis v. State

    Publication Date: 2014-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James C. Bonner Jr. Georgia Public Defender Standards Council, Atlanta, and Michael W. Tarleton Georgia Public Defender Standards Council, Decatur, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Moruf O. Oseni District Attorney's Office, Bainbridge, for appellee.
    Case Number: A14A0927

    Defense counsel was not deficient in failing to raise a futile objection to the admissibility of the defendant's custodial statement in which he admitted to having sex with the child molestation v

  • Smith v. State

    Publication Date: 2014-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kenneth Kondritzer, Atlanta, for appellant.
    for defendant: Robert James, District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A14A1011

    The defendant fired a gun several times into the room where the victim was and the jury could have inferred from his actions that he intended to commit a violent injury to the victim, despite his c

  • King v. Peeples

    Publication Date: 2014-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A1077

    The release the plaintiff executed barred her from making a claim against the defendant for damages resulting from a motor vehicle acc