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Publication Date: 2013-12-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: James Kytle Mann & Kytle PLLC, Seattle, Wash., David Humphreys, and Paul Catalano Humphreys Wallace Humphreys PC, Tulsa, Okla., for appellant.
for defendant: Robert Ambler and John Perry Womble, Carlyle, Sandridge & Rice PLLC, Atlanta, for appellees.
Case Number: A11A2053
The aspirational statement of Congressional policy expressed in 15 U.S.C. § 6801 subsection a regarding the obligation of a financial institution to respect the privacy of its customers does not pro
Publication Date: 2013-12-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: David Abbott, McDonough, for appellant.
for defendant: Lee Darragh, District Attorney, and Wanda Vance, Assistant District Attorney, Gainesville, for appellee.
Case Number: A12A1129
The defendant could not assert a claim that his conviction was unlawful in an untimely motion to vacate his sentence simply by framing it as a claim that his sentence was
Publication Date: 2013-12-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff:
for defendant:
Case Number: A13A1484; A13A1485; A13A1486; A13A2131
The probate court improperly modified the terms of the parties' mediated settlement agreement by deciding the final issue of equalizing the decedent's estate rather than merely resolving disputed or
Publication Date: 2013-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Lauren Shubow, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Arthur C. Walton, Assistant District Attorney, and Edward Tarver District Attorney's Office, Atlanta, for appellee.
Case Number: A13A1051
The BOLO broadcast that led police to stop the car in which the defendant was a passenger was too vague to establish reasonable susp
Publication Date: 2013-12-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: H. Lamar Mixson, Fredric Bold, Jill Pryor, and Bret Hobson Bondurant, Mixson & Elmore, Atlanta, for appellant.
for defendant: . Richard Herzog, S. Wade Malone, and Jeffrey Mapen Nelson Mullins Riley & Scarborough, Atlanta, for appellee. Other party representation: David Dick and Elizabeth Dick, Atlanta.
Case Number: A13A1046
The bank was not entitled to summary judgment on all of the mortgage company's breach of contract claims, since the ambiguity in the security interest documents could not be resolved as matter o
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Publication Date: 2013-12-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Stephen Reba Barton Child Law and Policy Center, Atlanta, for appellant.
for defendant: Lee Darragh, District Attorney, and Jennifer Bagwell, Assistant District Attorney, Gainesville, for appellee.
Case Number: A13A1434
The defendant's consent to search was tainted because it occurred during an unlawful second-tier encounter with a law enforcement of
Publication Date: 2013-12-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Michael Bailey and Leslie Cline Huff, Powell & Bailey LLC, Atlanta, for appellant.
for defendant: Jerolyn Ferrari, Diana Freeman, Matthew Welch, and Laura Lewis Fulton County Attorney's Office, Atlanta, for appellee.
Case Number: A13A1643
The trial court erred in applying the doctrine of judicial es in dismissing the plaintiff's claim without considering all three factors set forth in case law for determining whether judicial e
Publication Date: 2013-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Joseph Mitchell Public Defender's Office, Valdosta, and Jon McClure Public Defender's Office, Thomasville, for appellant.
for defendant: J. David Miller, District Attorney, Bradfield Shealy, Senior Assistant District Attorney, and Jessica Clark, Assistant District Attorney, Valdosta, for appellee.
Case Number: A13A1385
The trial court erred in overruling the defendant's general demurrer, as the robbery indictment failed to allege the necessary element that the defendant took the property of an
Publication Date: 2013-11-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Charles Conerly and Randall Parian Smith Conerly LLP, Carrollton, for appellant.
for defendant: Andrew Tuck and Christopher Riley Alston & Bird LLP, Atlanta, for appellee.
Case Number: A13A1433
The loan commitment for a $6M line of credit extended to the plaintiff plainly set forth a 12-month repayment term, on which the plaintiff defa
Publication Date: 2013-11-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Peter Skandalakis, District Attorney, Newnan, and Steven Lee District Attorney's Office, LaGrange, for appellant.
for defendant: William Kirby Kirby & Kirby, Columbus, for appellee.
Case Number: A13A1127
The State's claim that the trial court erred in disregarding its sentencing recommendation on a plea agreement did not amount to an allegation that the sentence imposed was void and thus subject to
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