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  • Burdette v. McDowell

    Publication Date: 2013-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Frank Klosik Greer, Klosik, Daugherty & Swank, Atlanta, and Christopher Conway, Norcross, for appellant.
    for defendant: Andrew Horowitz Drew Eckl & Farnham LLP, Thomas Carlock, Scott Huray Carlock, Copeland & Stair, Atlanta, William Mitchell, Richard Hamilton Cruser & Mitchell LLP, Norcross, Floyd Taylor, Neal Dickert Hull, Towill, Norman & Barrett, and Charles Mayers, Augusta, for appellees. Other party representation: Terry Strawser Leonard & Associates, Alpharetta, and Morris Communications, Augusta.
    Case Number: A12A1773

    The plaintiff failed to show that the trial court abused its discretion in refusing the request to poll the jurors after the ve

  • State v. Boykin

    Publication Date: 2013-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Herbert Franklin, District Attorney, Lafayette, and Michael Moeller District Attorney's Office, Summerville, for appellant.
    for defendant: David Dunn Public Defender's Office, Lafayette, for appellee.
    Case Number: A12A2233

    The "person unknown" exception, which would have tolled the statutes of limitation, did not apply since the defendant was one of two prime suspects immediately after the c

  • Thompson v. State

    Publication Date: 2013-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Mary Erickson, Atlanta, for appellant.
    for defendant: James McDade, District Attorney, and James Dooley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A12A2405

    The witness's in-court identification of the defendant was admissible, even if a pretrial photographic lineup was impermissibly suggestive, as it was based on the witness's familiarity with the defe

  • Foster v. State

    Publication Date: 2013-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Alixe Steinmetz Public Defender's Office, Atlanta, for appellant.
    for defendant: Kenneth Mauldin, District Attorney, and Brian Patterson, Assistant District Attorney, Athens, for appellee.
    Case Number: A12A2355

    The trial court properly sentenced the defendant as a recidivist under O.C.G.A. § 17-10-7 c on his conviction for felony theft by shoplifting, based on evidence of his three prior felony convic

  • Amica Mut. Ins. Co. v. Gwinnett Cnty. Police Dep't

    Publication Date: 2013-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Laura Johnson and Paul Groth Groth & Makarenko LLC, Suwanee, for appellant.
    for defendant: Tuwanda Willams and Michael Stephens Gwinnett Cnty. Law Dep't, Lawrenceville, for appellees.
    Case Number: A12A1068

    The trial court properly dismissed the claim for inverse condemnation against Gwinnett County arising from damage to the plaintiff's house pursuant to an exercise of police

  • Law Journal Press | Digital Book

    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • In the Interest of J. B.

    Publication Date: 2013-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Ella Hughes The Hughes Group, McDonough, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Atlanta, Eleasah Hammond, and Andre Johnson, Decatur, for appellee.
    Case Number: A12A1206

    The juvenile court properly found that the child was deprived where clear and convincing evidence demonstrated the child lacked care necessary for his mental or emotional h

  • Ford v. Reddick

    Publication Date: 2013-01-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A2018

    The trial court properly found two warranty deeds invalid, as they conveyed property to a trust instead of a tr

  • Hammonds v. Parks

    Publication Date: 2013-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Beverly Cohen, Roswell, for appellant.
    for defendant: Eden Parks, Dallas, proceeded pro se.
    Case Number: A12A2320

    The trial court lacked jurisdiction under O.C.G.A. § 19-9-23 to grant the mother's oral motion for a change of custody since she did not bring the motion as a separate action and did not bring it in

  • Cox v. Mayan Lagoon Estates Ltd.; Cox v. Constantino

    Publication Date: 2012-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Tribble The Barnes Law Group LLC, Marietta, for appellant.
    for defendant: Gregory Schultz, Deborah Livesay Taylor English Duma LLP, and Jonathan Crumly Maner Crumly Chambliss LLP, Atlanta, for appellees. Frank Constantino, Rock Springs, proceeded pro se.
    Case Number: A12A1062; A12A1063

    A proposed settlement was admissible for the limited purpose of showing whether the individual defendant was the agent of two corporate defen

  • Wellstar Health Sys. Inc. v. Sutton; Bauer v. Sutton

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1426; A121427

    The trial court did not err in denying the defendant hospital's motion to set aside the mistrial and enter judgment on the jury's decision, since the jury did not return a verdict upon which to ente