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Publication Date: 2014-03-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Neal Callahan Waldrep Mullins & Callahan, and Virgil Theus, Columbus, for appellant.
for defendant: Michael Terry Bondurant Mixson & Elmore, Atlanta, Stephen Hodges Philips Branch & Hodges, and Charles Gower, Columbus, for appellee.
Case Number: A13A1891
The defendant was not entitled to have a default judgment set aside outside the term of court in which it was entered based on the plaintiff's failure to provide her with a copy of the judgment as t
Publication Date: 2014-03-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Jason T. Schneider, Robert M. Hammers Jr. Jason T. Schneider PC, and Kathleen M. Edwards-Opperman Montlick & Associates, Atlanta, for appellant.
for defendant: Jennifer A. Mills and Alan F. Herman Hawkins Parnell Thackston & Young LLP, Atlanta, for appellees.
Case Number: A13A2411
The trial court properly granted summary judgment to the defendants in the plaintiff condominium owner's premises liability action, as the declaration of condominium provided that the plaintiff was
Publication Date: 2014-03-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, and Brett Ladd, Woodstock, for appellant.
for defendant: Rosemary Greene, District Attorney, and Mickey Thacker, Assistant District Attorney, Cartersville, for appellee.
Case Number: A13A2460
The trial court was not required to inform the defendant of his right to withdraw his non-negotiated guilty
Publication Date: 2014-03-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Charles McAleer in Case No. A13A1742 only and Robert Christopher The McAleer Law Firm PC, Decatur, for appellant.
for defendant: . Samuel S. Olens, Attorney General, Kathleen Pacious in Case No. A13A1741 only, Deputy Attorney General, and Robert Bunner, Assistant Attorney General, Atlanta, for appellee. Other party representation: Alan Snipes in Case No. A13A1741 only Page, Scrantom, Sprouse, Tucker & Ford PC, Clayton Adams, Veronica Alexander in Case No. A13A1742 only, Columbus, and Brandon Oren Jones, Cork & Miller, Macon.
Case Number: A13A1741; A13A1742
The DOT's waiver of immunity on one of the plaintiffs' c did not work to waive immunity on the other c
Publication Date: 2014-03-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Mary Erickson, Atlanta, for appellant.
for defendant: James McDade, District Attorney, and James Dooley, Assistant District Attorney, Douglasville, for appellee.
Case Number: A13A2014
The variance between the indictment and the evidence was not fatal to the defendant's shoplifting conviction, since the allegations in the indictment informed the defendant as to the charges against
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Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE
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Publication Date: 2014-03-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Peggy Brown, Lawrenceville, for appellant.
for defendant: . Grady Reddick, Sylvania, for appellees.
Case Number: A13A2367
The trial court properly found that the plaintiffs' action seeking to set aside an allegedly fraudulent deed was barred by the 7-year statute of limit
Publication Date: 2014-03-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Rodney Ficker and Timothy Lemke Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
for defendant: . Michael Friedman and Jonathan Rolnick, Atlanta, for appellee. Other party representation: Douglas Witten State Bd. of Workers' Compensation, Atlanta.
Case Number: A13A1855
Some evidence supported the ALJ's calculation of the injured employee's average weekly wage under O.C.G.A. § 34-9-260 subsec
Publication Date: 2014-03-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: John Steakley, Marietta, for appellant.
for defendant: Daniel Porter, District Attorney, and Courtney Spicer District Attorney's Office, Lawrenceville, for appellee.
Case Number: A13A1666
The verdicts for operating a chop shop and for falsifying a vehicle identification number were not mutually excl
Publication Date: 2014-03-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Michael Tarleton Georgia Public Defender Standards Council, Atlanta, for appellant.
for defendant: Robert James, District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.
Case Number: A13A2216
Defense counsel was not deficient for failing to present non-exculpatory evi
Publication Date: 2014-03-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: John Craig and Harlan Wood Wood & Craig LLC, Atlanta, for appellant.
for defendant: Laura Johnson and Paul Groth Groth & Makarenko LLC, Suwanee, for appellee.
Case Number: A13A2291
The plaintiff failed to properly plead and prove the county ordinance upon which he relied in his suit for damages he allegedly suffered after the defendant's dog bi
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