• Davis. VCP S. LLC

    Publication Date: 2013-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John Bell Bell & Brigham, and Thomas Allgood Allgood, Childs, Mehrhof & Millians, Augusta, for appellant.
    for defendant: James Wall Wall Ellison LLP, Augusta, and John Donsbach Donsbach & King LLC, Martinez, for appellees.

    Case Number: A12A2484

    No question of material fact remained in the plaintiffs' suit against the estate of a deceased doctor, who was a member of their medical practice, seeking to enforce the medical practice's operating

  • Lacy v. Lacy

    Publication Date: 2013-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Oxford, Greensboro, for appellant.
    for defendant: Brenda Trammell, Madison, for appellee.

    Case Number: A12A2261; A12A2262; A12A2341

    The judgment awarding the mother $1.5K in attorneys' fees in the parties' custody dispute was vacated and the case remanded for a statement of the statutory basis for the award and any finding that

  • Carter v. Heritage Corner Ltd.

    Publication Date: 2013-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Scott Stevens Howe & Associates PC, Alpharetta, for appellant.
    for defendant: . James McKenzie, Duluth, for appellees.

    Case Number: A12A1691

    An Arkansas court had personal jurisdiction over the defendant since he had appeared in an Arkansas court proceeding when he filed his motion to dismiss the action at

  • C & R Fin. Lenders LLC v. State Bank & Trust Co.

    Publication Date: 2013-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Brent Herrin Cohen Pollock Merlin & Small PC, Atlanta, for appellant.
    for defendant: . Joseph Quirk and Kevin Quirk Quirk & Quirk LLC, Atlanta, for appellee.

    Case Number: A12A2508

    Notice of the trial court's order in favor of the plaintiffs had to be actually received by the defendants, and mere confirmation that the notice was sent was not suffi

  • Kelley v. State

    Publication Date: 2013-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Smith, Athens, for appellant.
    for defendant: Robert Lavender, District Attorney, Eberton, and James Webb, District Attorney, Danielsville, for appellee.

    Case Number: A12A2159

    The search of the defendant's pockets following a routine traffic stop exceeded the scope of a constitutionally permissible Terry pat

  • Law Journal Press | Digital Book

    Enforcement of Judgments: A Practitioner’s Guide to Recovery

    Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich

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  • Nash v. Township Invs. LLC

    Publication Date: 2013-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Benjamin Joffe and Anthony Powell Webb, Tanner, Powell, Mertz & Wilson LLP, Lawrenceville, for appellant.
    for defendant: . Charles Joyner, Buford, for appellee.

    Case Number: A12A1728

    The terms of a promissory note did not specify the nature of the consideration and genuine issues of material fact remained as to whether the defendants received satisfaction of prior indebtedness t

  • Wilder v. State

    Publication Date: 2013-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Michael Horgan, Washington, for appellant.
    for defendant: Dennis Sanders, District Attorney, and Kevin Majeska, Assistant District Attorney, Thomson, for appellee.

    Case Number: A12A1904

    There was a reasonable probability that the incriminating evidence an officer found in the defendant's briefcase would have inevitably been discovered through lawful

  • United Cmty. Bank v. Pack

    Publication Date: 2013-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Catherine Banich Stites & Harbison PLLC, Atlanta, for appellant.
    for defendant: Bruce Phillips, Marietta, and John Pennington, Helen, for appellees.

    Case Number: A12A2423

    The divorce decree between the appellee and his former wife did not have the full force and effect of a deed as to the subject property, which the appellee pledged as security for loans from the ap

  • Equipco Int'l LLC. v. Certain Underwriters at Lloyd's London

    Publication Date: 2013-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Clay O'Daniel O'Daniel McDonald LLC, Atlanta, for appellant.
    for defendant: Kylie Holladay Fields Howell Athans & McLaughlin LLP, for appellee. Other party representation: Shonnard Reed Steady Rockin' Transport Inc., Powder Springs.

    Case Number: A12A2048

    The duties related to adjusting, investigating and settling losses under O.C.G.A. § 33-4-7 do not apply to issuers of cargo lia insurance policies, since such policies are not motor vehicle li

  • Johnson v. State

    Publication Date: 2013-03-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Scott Semrau, Marietta, for appellant.
    for defendant: Brian Fortner and Matthew Krull, Solicitors General, Douglasville, for appellee.

    Case Number: A12A1785

    The evidence supported the defendant's conviction for driving under the influence of alcohol, since the roadblock at which officers stopped him was proper, a search warrant affidavit established pro