• Columbus, GA Bd. of Tax Assessors v. The Med. Ctr. Hosp. Auth.

    Publication Date: 2016-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Charles Palmer, Kevin Meeks Troutman Sanders LLP, Atlanta, and Robert Lomax, Columbus, for Columbus Bd. of Tax Assessors. Jeffrey Brown Brown Adams LLC, Andrew Rothschild, and Jerome Rothschild Rothschild Rothschild PC, Columbus, for The Med. Ctr. Hosp. Auth..
    for defendant:

    Case Number: A16A0638; A16A0639

    The hospital authority's leasehold interest in a continuing care retirement facility was a public project within the scope of the Hospital Authorities Law and thus exempt from ad valorem tax

  • Bostick v. CMM Props. Inc.

    Publication Date: 2016-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Donyale Leslie Solicitor General's Office, and Jonathan Alderman Anderson, Walker Reichert, Macon, for appellant.
    for defendant: John Spurlin Spurlin McCorvey, Tifton, for appellees.

    Case Number: A13A1662

    Res judicata did not bar the third-party complaint, because there was not sufficient identity of parties or their pr

  • Card v. Dublin Constr. Co. Inc.

    Publication Date: 2016-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Darren Summerville The Summerville Firm LLC, Atlanta, Jarome Gautreaux Gautreaux Adams LLC, and Jeffrey Powers Powers Law Group LLC, Macon, for appellant.
    for defendant: . Daniel Bullard, Erin Corbett Bullard Wangerin LLP, Renee Rainey, and Rufus Sams Jones Cork Miller LLP, Macon, for appellees.

    Case Number: A16A0596

    The trial court erred in granting summary judgment to a general contractor and a subcontractor in a personal injury action arising after a man delivering supplies to a construction site suffered inj

  • Hill v. Davis

    Publication Date: 2016-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Marsha Mignott The Mignott Law Group LLC, Tucker, for appellant.
    for defendant: James West, Decatur, for appellee.

    Case Number: A16A0692

    The trial court did not abuse its discretion in holding the father in indirect criminal contempt in a child custody case based on his failure to adhere to a prior court order limiting the number of

  • Summers v. Wasdin

    Publication Date: 2016-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Leamon Smith, Valdosta, for appellant.
    for defendant: Keith Allen, Moultrie, for appellees.

    Case Number: A16A0122; A16A0277

    Because the plaintiff filed the proof of ce more than five business days after the ce date, the time for the defendants to answer did not begin to run until the plaintiff filed the proof o

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  • Hantz v. State

    Publication Date: 2016-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Harry Jackson and Hannah McLear Lister Holt LLC, McDonough, for appellant.
    for defendant: John Pipkin, Solicitor General, and William Kennedy Solicitor General's Office, McDonough, for appellee.

    Case Number: A16A0249

    Defense counsel did not render ineffective assistance of counsel based on the failure to file a meritless plea i

  • Spencer v. State

    Publication Date: 2016-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Thomas Thomas, Atlanta, for appellant.
    for defendant: John Pipkin, Solicitor General, and William Kennedy Solicitor General's Office, McDonough, for appellee.

    Case Number: A16A0118

    The trial court did not err in allowing the arresting officer to testify in the defendant's DUI trial that the presence of four out of six clues on the Horizontal Gaze Nystagmus test generally indi

  • Daniel v. State

    Publication Date: 2016-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.

    Case Number: A16A0587

    The evidence sufficiently supported the defendant's conviction for burglary, as he failed to point to any evidence that would support an inference that he broke into the home to seek shelter from t

  • Nine Twenty LLC v. Bank of the Ozarks

    Publication Date: 2016-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jesse Vaughn Vaughn Clements PC, Calhoun, for appellant.
    for defendant: . Kenneth Crawford and Jeffrey Richards Hartley, Rowe Fowler PC, Douglasville, for appellee.

    Case Number: A16A0507

    By virtue of waiver clauses in the loan documents, the guarantors waived the condition precedent requiring confirmation of a foreclosure sale before the lender could seek a deficiency jud

  • Callaham v. Georgia Ports Auth.

    Publication Date: 2016-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Daniel Jason Jason Bradley LLC, Stone Mountain, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Loretta Pinkston, Senior Assistant Attorney General, and Jared Campbell Attorney General's Office, Atlanta, for appellee.

    Case Number: A16A0238

    The trial court properly dismissed the plaintiff's personal injury action against the Georgia Ports Authority, because he failed to comply with the Georgia Tort Claims Act's ante litem notice requir