• Hogan v. State

    Publication Date: 2012-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Christine S. Barker, Assistant District Attorney, Savannah, for appellee.

    Case Number: A12A0048

    Making a false statement in connection with filing a notice of candidacy is false swearing which is a f

  • Spruill v. Georgia Dep't of Human Servs.

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James A. Attwood The Attwood Firm LLC, Atlanta, for appellant.
    for defendant: . Samuel S. Olens, Attorney General, and Jennifer L. Dalton, Assistant Attorney General, Atlanta, for appellees.

    Case Number: A12A0581

    A DFACS caseworker's allegedly negligent investigation of reported neglect and malnourishment of 1-year-old twins, including his failure to undress the children to properly assess their condition,

  • Hawkins v. State

    Publication Date: 2012-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A12A0459; A12A0460

    The second defendant was not entitled to a mistrial regardless of whether the assistant district attorney violated the rule of sequestration, because a violation of the sequestration rule goes only

  • Hooker v. Roberson

    Publication Date: 2012-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: William Fields, Stone Mountain, for appellant.
    for defendant: Ephraim Michael, Atlanta, for appellees.

    Case Number: A12A0788

    A plaintiff was only required to prove damages in his breach of contract, quantum meruit and fraud case because the defendants admitted liability through de

  • Ref Dev. Inc. v. First Citizens Bank and Trust Co. Inc.

    Publication Date: 2012-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kevin L. Ward and Andrea L. Pawlak Schulten Ward & Turner LLP, Atlanta, for appellant.
    for defendant: . Sean R. Smith and Jason R. Curles Taylor English Duma LLP, Atlanta, for appellee.

    Case Number: A12A0191

    The trial court properly weighed the testimony of one expert witness over another in finding that a foreclosed property sold for at least its fair market

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  • McIntire v. Perkins

    Publication Date: 2012-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Michelle C. McIntire and Timothy L. McIntire McIntire Law Firm, Brunswick, for appellant.
    for defendant: . Garret W. Meader and John E. Bumgartner Brown Readdick Bumgartner Carter, Brunswick, for appellee.

    Case Number: A12A0045

    Plaintiffs were only entitled to the fair market value of their vehicle after a collision rendered it a total loss, not their loan deficiency a

  • Stennette v. Miller

    Publication Date: 2012-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Mathew Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta, for appellant.
    for defendant: Lloyd Hedrick Hedrick Law LLC, Atlanta, for appellee.

    Case Number: A12A0622

    The evidence created a jury question as to whether efendant voluntarily undertook a duty to keep her dogs away from plaintiff while she was in efendant's house providing medical services t

  • West v. Dooly County Sch. Dist.

    Publication Date: 2012-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: LaKesha Sawyer and John T. Croley Law Offices of John T. Croley Jr., Fitzgerald, for appellant.
    for defendant: W. Warren Plowden Jr., Callie Bryan Jones, Cork & Miller LLP, Macon, and John Sherrer, Vienna, for appellees.

    Case Number: A12A0097

    The plaintiff was not entitled to damages under U.S.C. § 1983 due to the school district's non-compliance with the Georgia Fair Dismissal Act, O.C.G.A. § 20-2-940 et seq., because the plaintiff had

  • Gomez v. State

    Publication Date: 2012-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Robert McNeill, Dawsonville, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, and John Wilbanks, Assistant District Attorney, Dawsonville, for appellee.

    Case Number: A12A0387

    The prosecutor did not make a prohibited golden rule argument in closing, as the comments at issue did not entreat the jury to place themselves in the victim's shoes but instead appealed to their de

  • Philmore v. State

    Publication Date: 2012-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Walker Chandler Public Defender's Office, Fayetteville, for appellant.
    for defendant: Scott Ballard, District Attorney, Thomaston, and Robert Smith, Assistant District Attorney, Fayetteville, for appellee.

    Case Number: A12A0508

    Evidence regarding an arranged undercover drug buy supported the defendant's convictions for possession of cocaine and heroin with intent to distr