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  • Stowers v. Branch Banking & Trust Co.

    Publication Date: 2012-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John Nix, Robert Maddox and Robert Zoeckler Maddox, Nix, Bowman & Zoeckler PC, Conyers, for appellant.
    for defendant: Kevin Quirk Quirk & Quirk LLC, Atlanta, for appellee.
    Case Number: A12A1176

    The defendant bank properly rescinded a foreclosure sale where the notice of foreclosure sale to its debtor was defective for not identifying the individual with full authority to negotiate and mod

  • In the Interest of J. J.

    Publication Date: 2012-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Aimee Stowe, Decatur, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Calandra Harps, Assistant Attorney General, Atlanta, and Andre Johnson, Decatur, for appellee. Other party representation: Willie Hamilton, Avondale Estates.
    Case Number: A12A0964

    The juvenile court properly dismissed a deprivation complaint because the evidence presented at the hearing demonstrated that the mother had enrolled her children in school, resolving the deprivati

  • Adcock v. State

    Publication Date: 2012-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: David Daniell, Warner Robins, for appellant.
    for defendant: George Hartwig, District Attorney, and Marie Banks District Attorney's Office, Perry, for appellee.
    Case Number: A12A1152

    A defendant's belief that officers and tow truck drivers were stealing his vehicles, which violated municipal code, was not a reasonable belief justifying the defendant's use of

  • Holloway v. U. S. Bank Trust Nat'l Ass'n

    Publication Date: 2012-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Robert Killian Killian & Boyd PC, Brunswick, for appellant.
    for defendant: Joseph Ferrier Ferrier & Ferrier, Brunswick, for appellee.
    Case Number: A12A0660

    The record on appeal contained no evidence about the specific nature of the alleged fraud that occurred in a deed conveyance, thus the bank could not show that it received a valid title to the prop

  • Newell Recycling of Atlanta Inc. v. Jordan Jones & Goulding Inc.

    Publication Date: 2012-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Steven Hall and H. Fielder Martin Baker Donelson Bearman Caldwell & Berkowitz, Atlanta, for appellant.
    for defendant: Kent Smith, Robert Fleming and Joseph Staak Smith, Currie, & Hancock LLP, Atlanta, for appellee.
    Case Number: A12A1031

    The parties' written documents lacked the element of consideration, thus the entire contract was considered in parol and the 4-year, rather than 6-year, statute of limitation ap

  • Law Journal Press | Digital Book

    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

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  • Denson v. State

    Publication Date: 2012-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Angela Coggins Public Defender's Office, Perry, for appellant.
    for defendant: George Hartwig, District Attorney, and Deshala Dixon, Assistant District Attorney, Perry, for appellee.
    Case Number: A12A1112

    The Department of Corrections was not authorized to accept and file a purported detainer which did not meet the statutory requirements for a detainer, and did not trigger the defendant's rights und

  • Lackley v. State

    Publication Date: 2012-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Gina Bernard Stone Mountain Circuit Conflict Defenders, Decatur, for appellant.
    for defendant: Robert James, District Attorney, Diana Kovach and Cynthia Zurawsky, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A12A1296

    The Court upheld the defendant's 20-year sentence for armed robbery because it fell within the permissible range for the offense of 10 to 20

  • Booker v. Georgia Dep't of Human Resources

    Publication Date: 2012-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1539

    The Court of Appeals lacked jurisdiction over the mother's direct appeal in a domestic rela case in which the trial court emancipated her son and terminated the father's child support obliga

  • Douglas v. State

    Publication Date: 2012-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Mark Yurachek The Law Offices of Mark Allen Yurachek & Assoc., Atlanta, for appellant.
    for defendant: Tommy Floyd, District Attorney, and Blair Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A12A1263

    The trial court improperly denied the defendant's m to withdraw his guilty plea because the defendant did not have counsel for the m

  • Gaston v. State

    Publication Date: 2012-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Wystan Getz, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Franklin Clark, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A12A0962

    The trial court reversibly erred in allowing a child victim's father to give testimony that improperly bolstered the child's credib