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  • Thorpe v. Sterling Equip. Co. Inc.

    Publication Date: 2012-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Adam Land, Andrew Hill Blasingame Burch Garrard Ashley PC, Athens, and Janna Blasingame The Wilner Firm PA, Jacksonville, Fla., for appellant.
    for defendant: . Brantley Rowlen Lewis Brisbois Bisgaard & Smith LLP, Atlanta, for appellees.
    Case Number: A12A0743

    The defendant equipment company and its principal owed the decedent truck driver a duty to exercise ordinary care to inspect the truck arising from the bailor-bailee relationship between the company

  • Elgin v. Swann

    Publication Date: 2012-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Milon Moore and Larry Hicks Moore & Hicks PC, Hartwell, for appellant.
    for defendant: R. Swann, Canon, proceeded pro se.
    Case Number: A12A0284

    The defendant's appeal from the entry of a 6-month stalking protective order against her was not moot, even though the protective order had expired, because the issue of whether evidence of discrete

  • Dehco Inc. v. Fulton County Tax Comm'r

    Publication Date: 2012-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Richard Hubert Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, William Sams, Matthew Welch County Attorney's Office, Atlanta, and Mark Weinstein, Cumming, for appellee.
    Case Number: A12A0600

    As the owner of t demned property on January 1, 2008, and in the absence of an agreement with the DOT to prorate the ad valorem taxes on the property based on the subsequent transfer of title,

  • Wade v. State

    Publication Date: 2012-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Fredric D. Bright, District Attorney, and Stephen A. Bradley, Chief Assistant District Attorney, Milledgeville, for appellee.
    Case Number: A12A0150

    The defendant did not suffer a constructive denial of counsel because counsel made the allegedly disparaging remarks regarding the defendant's criminal history only after the defendant, through his

  • Taylor v. State

    Publication Date: 2012-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle, Carrollton, for appellant.
    for defendant: James D. McDade, District Attorney, James A. Dooley, Assistant District Attorney, and Emily K. Richardson District Attorney's Office, Douglasville, for appellee.
    Case Number: A12A0126

    The trial court did not err in denying the defendant's motion for new trial alleging that he was improperly tried on an accusation, where defense counsel expressly waived the right to a preliminary

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  • Shell v. State

    Publication Date: 2012-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Michael L. Hubbard, Douglasville, for appellant.
    for defendant: James D. McDade, District Attorney, James A. Dooley, Assistant District Attorney, and Emily K. Richardson District Attorney's Office, Douglasville, for appellee.
    Case Number: A12A0236

    The officer was authorized to initiate the tr stop based on his observation of the defendant impeding the flow of tr

  • State v. Taplin

    Publication Date: 2012-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Lee Darragh, District Attorney, and Shiv Sachdeva District Attorney's Office, Gainesville, for appellant.
    for defendant: Adam S. Levin, Atlanta, for appellee.
    Case Number: A12A0067

    The trial court erred in granting the defendant's motion to suppress, as the warrantless search of the defendant's truck incident to his arrest was just

  • Cardinale v. City of Atlanta

    Publication Date: 2012-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A0217

    O.C.G.A. § 50-14-1 e 2 does not allow the minutes of an agency meeting to omit the names of persons voting against a proposal or abstaining when the vote is not taken by roll-call and is not unan

  • Prescott v. State

    Publication Date: 2012-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Stuart H. Patray, Public Defender, Robert L. Persse, Statesboro, and William D. Hoffer Public Defender's Office, Gainesville, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Keith A. McIntyre, Chief Assistant District Attorney, Statesboro, for appellee.
    Case Number: A11A0695

    The state proved venue in this child molestation case through circumstantial evi

  • Williams v. State

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John G. Wolinski, Hahira, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Michael L. Bankston, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A11A1662

    The state did not meet its burden of proving that the officer's stop of the defendant's car was based on a reasonable articulable susp