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Publication Date: 2013-03-20
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Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Lynn Kleinrock, Atlanta, for appellant.
for defendant: Daniel Porter, District Attorney, and Jon Setzer, Assistant District Attorney, Lawrenceville, for appellee.
Case Number: A12A2491
The defendant's attempt to send his ex-wife, who had a restraining order against him, a letter through an assistant district attorney did not support his conviction for aggravated stalking, since th
Publication Date: 2013-03-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Dargan Cole Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
for defendant: . Matthew Benson Mahaffey Pickens Tucker LLP, Lawrenceville, for appellees.
Case Number: A12A2503
The second dismissal of the action did not operate as an adjudication upon the merits and bar the present action, since the plaintiff in the action that resulted in the first dismissal was not a par
Publication Date: 2013-03-19
Practice Area:
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Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Charles Hoffecker Ney Hoffecker & Erck, Atlanta, for appellant.
for defendant: James Joedecke and Meredith Atwood Andersen, Tate & Carr PC, Duluth, for appellees.
Case Number: A12A2373
The trial court erred in ruling that the settlement of two prior lawsuits between the parties barred the plaintiff's claims, since some evidence showed that at least some of the plaintiff's claims w
Publication Date: 2013-03-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: M. Katherine Durant, Tucker, for appellant.
for defendant: Jessie Altman, Anna Schneider and James Altman, Atlanta, for appellee.
Case Number: A12A2065
The trial court erred in failing to make specific findings on the record demonstrating that it considered all eight of the relevant factors in accordance with O.C.G.A. § 19-9-67 before determining
Publication Date: 2013-03-14
Practice Area:
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Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Walker Chandler Public Defender's Office, Fayetteville, for appellant.
for defendant: Paul Howard, District Attorney, and Joshua Morrison District Attorney's Office, Atlanta, for appellee.
Case Number: A12A2436
The evidence supported the defendant's convictions for armed robbery, possession of a knife during the commission of a felony and hijacking a motor vehicle, since the victim identified the defendant
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Publication Date: 2013-03-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: William Barnwell Avrett, Ponder & Withrock, Dalton, for appellant.
for defendant: Thomas Campbell, Rosemary Greene, District Attorneys, Cartersville, and George Govignon Gordon Cnty. Juvenile Court, Calhoun, for appellee.
Case Number: A12A2540
There was no fatal variance between the juvenile delinquency petition alleging delivery of methamphetamine and the evidence at the hearing showing delivery of a methamphetamine mi
Publication Date: 2013-03-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Ashleigh Madison Savage, Turner, Pinson & Karsman, Savannah, for appellant.
for defendant: . William Major, Daniel Mills Hawkins & Parnell, Dennis Manganiello Bridges Ormand & Demetz, Atlanta, and Stephen Morrison The Morrison Law Firm LLC, Marietta, for appellees.
Case Number: A12A1891
The plaintiffs' two previous voluntary dismissals of their personal injury actions involving the same cause of action as the current claim operated as an adjudication on the merits under O.C.G.A. §
Publication Date: 2013-03-13
Practice Area:
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Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Catherine Helms, Richard Perryman, District Attorneys, and Jennifer Hart, Assistant District Attorney, Nashville, for appellant.
for defendant: Matthew Bennett Bennett & Connell LLC, Adel, for appellee.
Case Number: A12A1808
The arresting officer was authorized to perform a traffic stop on the DUI defendant after observing her veer into and drive on the wrong side of the
Publication Date: 2013-03-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: McCracken Poston, Ringgold, for appellant.
for defendant: Herbert Franklin, District Attorney, and Christopher Arnt, Assistant District Attorney, LaFayette, for appellee.
Case Number: A12A1878
The defendant failed to prove that his counsel was deficient in failing to object to the evidence regarding his appearance at the time of his arrest and his appearance at
Publication Date: 2013-03-11
Practice Area:
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Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Kenneth Crawford Tisinger Tisinger Vance & Greer PC, Carrollton, for appellant.
for defendant: Diane Sternlieb, Carrollton, for appellee.
Case Number: A12A2549
The trial court violated the father's right to be heard and show cause as to why his parental rights should not be terminated when the judge abruptly stopped the presentation of evidence and announc
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