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  • Kim v. First Intercontinental Bank

    Publication Date: 2014-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: William Trotter, Augusta, for appellant.
    for defendant: Allison Jett Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellee.
    Case Number: A13A1628

    Equitable subrogation provides that, where it was the parties' intent to substitute a new creditor's rights for the rights of a creditor that is being paid off, the new creditor steps into the shoes

  • Arnsdorff v. Papermill Plaza LLC

    Publication Date: 2014-04-09
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jon Gottlieb Flynn & Gottlieb PA, Atlanta, for appellant.
    for defendant: F. Carlton King Ford & Harrison LLP, Atlanta, for appellees.
    Case Number: A13A2012

    Absent the adoption of a development plan, the LLC's obligation to pay leasing commissions to the defendant under Article 10.4 subsection c of the LLC's operating agreement was never trig

  • Battlefield Invs. Inc. v. City of LaFayette

    Publication Date: 2014-04-08
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: William Cunningham, LaFayette, for appellant.
    for defendant: J. Anderson Davis and Alison Warren Brinson Askew Berry Seigler Richardson & Davis, Rome, for appellee.
    Case Number: A13A2466

    The plaintiff's reliance on the doctrine of res ipsa loquitur was misplaced, as there was evidence that the alleged injury was produced by an intermediary cause and the plaintiff could have taken ac

  • Williams v. State

    Publication Date: 2014-04-07
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Solomon Amusan, Savannah, for appellant.
    for defendant: Margaret Heap, District Attorney, and Greg McConnell, Assistant District Attorney, Savannah, for appellee.
    Case Number: A13A2486

    The trial court properly denied the defendant's motion to suppress evidence of an impermissibly suggestive photographic lineup shown to the victims, since the victims were unable to make a positive

  • Fletcher v. State

    Publication Date: 2014-04-03
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Earle Duncan, Darien, for appellant.
    for defendant: John Durden, District Attorney, Melissa Poole, Assistant District Attorney, and Megan Lane District Attorney's Office, Hinesville, for appellee.
    Case Number: A13A2348

    Trial counsel's decision to concede certain facts constituted reasonable trial str

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    Harris County Bench Book 2025

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  • Bryant v. State

    Publication Date: 2014-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jason Swindle Drummond & Swindle, Carrollton, for appellant.
    for defendant: James McDade, District Attorney, James Dooley, and Emily Richardson, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A13A2320

    The police officer did not unlawfully detain the defendant after an initial traffic stop had ended, since the officer was still in the process of writing a warning citation when the driver of the ca

  • State v. Mitchell

    Publication Date: 2014-04-03
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Sherry Boston, Solicitor General, and Wystan Getz Solicitor General's Office, Decatur, for appellant.
    for defendant: Erin Gerstenzang Stein & Ward, Atlanta, for appellee.
    Case Number: A13A1829

    The trial court properly granted the defendant's motion for a new trial after determining that it improperly overruled the defendant's objection to the State's comments concerning his failure to pr

  • Collins v. State

    Publication Date: 2014-04-01
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kimberly Copeland, Jesup, for appellant.
    for defendant: Clifford Bowden, District Attorney, and Ronnie Wheeler, Assistant District Attorney, Tifton, for appellee.
    Case Number: A13A1691

    The defendant did not show harm from the imposition of a sentence by a substitute judge after the judge who presided over his trial died prior to sente

  • Couch v. State

    Publication Date: 2014-04-01
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: William Mason, Columbus, for appellant.
    for defendant: Julia Slater, District Attorney, and Jennifer Dunlap, Assistant District Attorney, Columbus, for appellee.
    Case Number: A13A1927

    The defendant's DNA matched that of seminal fluid found on the then-11-year-old victim's clothing immediately after an individual broke into the residence where she was spending the night, broke her

  • Windhom v. State

    Publication Date: 2014-04-01
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Robert Bearden, Macon, for appellant.
    for defendant: Karl Cooke, District Attorney, and Dorothy Hull, Assistant District Attorney, Macon, for appellee.
    Case Number: A13A2090

    No court ever found the co-defendant incompetent and he was found to be competent only months before the instant trial, thus the trial court properly allowed him to te