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  • Austin v. Clark

    Publication Date: 2014-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jerry Lumley Lumley & Howell LLP, Macon, for appellant.
    for defendant: A. Jackson Welch, Lindsay Hodgson Smith, Welch, Webb & White, McDonough, and John Garland Smith, Welch, Webb & White, Jackson, for appellee. Other party representation: David Siegel Page, Scranton, Sprouse, Tucker & Ford PC, Columbus.
    Case Number: A13A0625

    Dismissal of a trip and fall case was improper, as it could not be said that the defendants would ultimately prevail based on official immunity because discovery had been extremely li

  • Pineda v. State

    Publication Date: 2014-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A1256

    The trial court did not err in denying the defendant's motion for an out-of-time appeal, as his claims either can be resolved against him or cannot be resolved from the existing r

  • Holcomb v. State

    Publication Date: 2014-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Sharon Hopkins, Duluth, for appellant.
    for defendant: Shannon Wallace, District Attorney, Cliff Head, and Wallace Rogers, Assistant District Attorneys, Canton, for appellee.
    Case Number: A14A0791

    The victim's testimony alone was sufficient to establish the elements of child molestation and aggravated sexual battery, and whether she gave a credible account of the defendant's actions was for t

  • Moses v. State

    Publication Date: 2014-08-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Donald Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Paul Howard, District Attorney, and Joshua Morrison District Attorney's Office, Atlanta, for appellee.
    Case Number: A14A0140

    The trial court properly denied the defendant's motion to suppress the evidence found in the search of the defendant's mother's

  • Georgia River Network v. Turner

    Publication Date: 2014-08-26
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0215; A14A0272; A14A0273; A14A0274

    A buffer variance was improperly issued to a County's board of commissioners allowing the County to encroach upon the 25-foot vegetative buffer the Erosion and Sedimentation Act requires in order to

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • PNC Bank NA v. Tidwell

    Publication Date: 2014-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Charley Brown, Stefanie Jackman, and Christopher Willis Ballard Spahr LLP, Atlanta, for appellant.
    for defendant: Edward Sell Sell & Melton, and Pamela Coleman, Macon, for appellees.
    Case Number: A12A0442

    The trial court erred in finding as a matter of law that the repeated postponement of foreclosure proceedings constituted withdrawal of those proceedings and therefore invoked the requirements of O

  • Marvin Hewatt Enters. Inc. v. Butler Capital Corp.

    Publication Date: 2014-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0592; A14A0593

    The trial court did not err in finding that a question of fact remained as to whether the at issue was terminated, i.e., whether the tenant surrendered the premises or abandoned the

  • Ward v. Pre-Engineer Sys.

    Publication Date: 2014-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Nancy Glenn Stow, Garvin & Glenn, Gainesville, for appellant.
    for defendant: Timothy Lemke Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellees. Other party representation: Douglas Witten State Bd. of Workers' Compensation, Atlanta.
    Case Number: A14A0388

    Workers' compensation statutes and rules that do not render compensable an injury that would not otherwise be compensable, but which merely affect the scope of treatment required, are to be retroact

  • Weldon v. State

    Publication Date: 2014-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Long Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Robert James, District Attorney, Decatur, and Elizabeth Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A14A0457

    The defendant failed to prove that he would have received a different outcome had counsel objected to the court's use of non-certified interpreters at

  • Murray v. State

    Publication Date: 2014-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Veronica Brinson, Macon, for appellant.
    for defendant: Karl Cooke, District Attorney, and Myra Tisdale, Assistant District Attorney, Macon, for appellee.
    Case Number: A14A0715

    The trial court did not reversibly err in its use of the defendant's prior guilty pleas in sentencing him as a recid