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  • Beloate v. Peden

    Publication Date: 2014-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Robert Moss Moss & Rothenberg, Atlanta, for appellant.
    for defendant: Nicholas Dumich and Roger Rozen, Marietta, for appellee.
    Case Number: A14A0240

    While the evidence supported a ruling that the maternal grandmother's visitation with her minor grandson was authorized, the petitioning grandparent alone was required to bear the expense of the cou

  • Webb v. Bank of Am. NA

    Publication Date: 2014-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Thomas Blaska The Blaska Law Firm, and William Collins Smith Collins LLC, Atlanta, for appellant.
    for defendant: . Jarrod Mendel and Andrew Phillips McGuireWoods LLP, Atlanta, for appellee.
    Case Number: A14A0197

    The trial court's grant of the defendant's motion to dismiss for failure to state a claim was imp

  • Vibert v. Bank of Am. NA

    Publication Date: 2014-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John Childers, Woodstock, for appellant.
    for defendant: . Joseph Grodzicki Campbell and Brannon, Atlanta, Peter Lublin, and Bret Chaness Rubin Lublin LLC, Norcross, for appellee.
    Case Number: A14A0696

    The trial court did not err in granting partial summary judgment to the bank on its claim seeking reformation of a security deed to correct the mistaken omission of a signatory, as the omission cont

  • Richardson v. State

    Publication Date: 2014-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Russell Walker, Perry, for appellant.
    for defendant: George Hartwig, District Attorney, and Marie Banks District Attorney's Office, Perry, for appellee.
    Case Number: A14A0409

    The arresting officer was entitled to pat-down the defendant for his own safety after a drug dog alerted to the presence of contraband on the driver's side of the defendant's vehicle and the officer

  • Moore v. State

    Publication Date: 2014-07-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: L. David Wolfe, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, and David Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A14A0613

    The defendant's life sentence for armed robbery was not

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  • Stills v. State

    Publication Date: 2014-07-09
    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, Heather Lanier, Deputy Chief Assistant District Attorney, and M. April Wynne, Chief Assistant District Attorney, Albany, for appellee.
    Case Number: A14A0673

    Although the indictment reversed the victim's first and last names, this variance was not

  • McLaurin v. Ott

    Publication Date: 2014-06-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0520

    The Court vacated the denial of the law student's petition requesting permission to make video-recordings of certain criminal calendar proceedings for a project examining the Georgia criminal justic

  • Odion v. Avesis Inc.

    Publication Date: 2014-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0264

    Although the trial court was authorized to dismiss certain claims pursuant to an arbitration clause in the parties' contractual agreement, it erred in doing so with prej

  • Greenstein v. Bank of the Ozarks

    Publication Date: 2014-05-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1790; A13A1791

    The plaintiff bank failed to show that it was the real party in interest to enforce the promissory notes and guaranties at issue, since it did not present admissible evidence that it was the success

  • State v. Oliver

    Publication Date: 2014-05-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Brian Rickman, District Attorney, and James Staples, Chief Assistant District Attorney, Clarkesville, for appellant.
    for defendant: Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, and Harvey Wasserman, Royston, for appellee.
    Case Number: A13A2394

    The defendant was not entitled to a new trial on the ground that the State elicited testimony from the victim about the defendant's earlier acquittal on charges of similar crimes against another p