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  • Terrell Cnty. Bd. of Tax Assessors v. Goolsby

    Publication Date: 2013-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Edward Collier Collier & Gamble LLP, Dawson, for appellant.
    for defendant: Kim Minix and Jonathan Morris Perry & Walters LLP, Albany, for appellees.
    Case Number: A13A0981

    The superior court erred to the extent it concluded that the operation of a commercial business on property subject to a conservation use cov never breaches such a cov

  • Freeman v. Smith

    Publication Date: 2013-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1289; A13A1290; A13A1291

    The plaintiff failed to present evidence of a causal conne between her whistleblowing disclosures and any materially adverse employment a

  • State v. Pickett

    Publication Date: 2013-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Lenny I. Krick, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Marilyn Primovic, Atlanta, and Ashleigh Merchant The Merchant Law Firm PC, Marietta, for appellee.
    Case Number: A13A1401

    The trial court properly followed the Supreme Court's directive and did not abuse its discretion in granting the defendant's motion to dismiss his indictment based on his constitutional right to a s

  • Stokes v. Hill

    Publication Date: 2013-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jeffrey Dean Morris & Dean, and Matthew Thames Kinney, Kemp, Pickell, Sponcler & Joiner, Dalton, for appellant.
    for defendant: . Thomas Manning McRae, Stegall, Peek, Harman, Smith & Manning LLP, Rome, Steven Rodham, and Ronald Womack Womack, Gottlieb & Rodham PC, LaFayette, for appellees.
    Case Number: A13A1582

    The plaintiff could not invoke the renewal statute to revive her third complaint after her husband's death at the hands of another inmate in the Floyd County Jail, since her first dismissal, which w

  • Holiday Hospitality Franchising Inc. v. Noons

    Publication Date: 2013-10-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Scott Bonder Fried & Bonder LLC, Atlanta, for appellant.
    for defendant: Steven Hardy, Atlanta, for appellee.
    Case Number: A12A2570

    The trial court properly denied the judgment creditor's post-judgment motion seeking the equitable remedy known as outsider reverse piercing of the corporate

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    North Texas Bench Book 2024

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  • Thomas v. State

    Publication Date: 2013-10-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Lawrence Daniel, Atlanta, for appellant.
    for defendant: James McDade, District Attorney, Jeffrey Gore, Assistant District Attorney, and Emily Richardson District Attorney's Office, Douglasville, for appellee.
    Case Number: A13A0895

    The evidence was sufficient to support the defendant's child molestation conviction beyond a reasonable

  • In the Interest of H. B.

    Publication Date: 2013-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Adam Nagel Pasley & Nuce LLC, Barnesville, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Atlanta, and Wilson Bush Special Assistant Attorney General, Jackson, for appellee. Other party representation: Juliet Lovelace, Jackson, and Richard Brock, Barnesville.
    Case Number: A13A1158

    The juvenile court erred in finding that the mother's three children were deprived, as there was no clear and convincing evidence of deprivation or parental unfi

  • Sherman v. Development Auth. of Fulton Cnty.

    Publication Date: 2013-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Robert Feagin Martenson, Hasbrouck & Simon LLP, John Woodham Woodham Law LLC, Atlanta, and Irwin Stolz Hurt, Stolz & Cromwell LLC, Athens, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Lewis Horne Schiff Hardin LLP, Charles Ingraham Seyfarth Shaw, and Cary Ichter, Atlanta, for appellees.
    Case Number: A13A0861

    The appellant lacked standing to challenge the trial court's judgment approving the issuance of certain taxable revenue bonds by county development authority, since he failed to follow O.C.G.A. § 9-

  • Wooden v. Synovus Bank

    Publication Date: 2013-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: George Williams, Warner Robins, for appellant.
    for defendant: Robert Brand and Travis Hargrove Page, Scrantom, Sprouse, Tucker & Ford PC, Columbus, for appellee.
    Case Number: A13A0876

    The plaintiff bank was entitled to summary judgment on its claims seeking to recover on a promissory note, as it set forth a prima facie case for enforcing the note's personal guaranty against the d

  • Simmons v. England

    Publication Date: 2013-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kristofer Schleicher and Andrew Kaiser Joyce, Thrasher, Kaiser & Liss LLC, Atlanta, for appellant.
    for defendant: . Joseph Brittain and John Webb, Stockbridge, for appellee.
    Case Number: A13A0537

    The trial court erred in ruling that, since the decedent's business was a sole proprietorship when he died, there was no business property to be distributed to two of his former employees, who were