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  • Building Block Enters. LLC v. State Bank and Trust Co.

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John E. Robinson and Gregory H. Blazer Robinson & Blazer LLP, Decatur, for appellant.
    for defendant: . Debra E. Baker Quirk & Quirk PC, Atlanta, for appellee.
    Case Number: A11A1819

    The trial court's ruling that the bank was not required to confirm the foreclosure sale of property securing a defaulted loan before pursuing an action for deficiency judgment against the guarantor

  • Jackson v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Robby A. King District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A11A2019

    The battered victim suffered severe injury to his brain, rendering him unconscious and semi-comatose for weeks and causing significant memory

  • Duke Galish LLC v. SouthCrest Bank

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John D. Gussio Webb Tanner Powell Mertz & Wilson LLP, Lawrenceville, for appellant.
    for defendant: . James C. Joedecke Jr. Andersen Tate & Carr PC, Duluth, for appellee.
    Case Number: A11A1994; A11A2406

    Although an initial forecl sale was invalid due to the bank's failure to comply with O.C.G.A. § 44-14-162 b, the bank cured the invalidity by conducting a second forecl

  • Piedmont Healthcare Inc. v. Kowal

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Seslee S. Mattson Morris, Manning & Martin LLP, Atlanta, and Thomas T. Tate Andersen, Tate & Carr PC, Duluth, for appellant.
    for defendant: . Hunter S. Allen Jr. and Gary R. McCain Allen McCain & O'Mahony PC, for appellee.
    Case Number: A11A2137

    The trial court abused its discretion in granting an injunction based on its erroneous legal interpretation that, absent an appeal by either party, the hospital's Board of Directors acquiesced in an

  • Jenkins v. Wachovia Bank NA

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James W. Kytle, Atlanta, David Humphreys and Paul Catalano Humphreys Wallace Humphreys PC, Tulsa, Okla., for appellant.
    for defendant: Robert R. Ambler Jr. and John G. Perry Womble, Carlyle, Sandridge & Rice PLLC, Atlanta, for appellees.
    Case Number: A11A2053

    The plaintiff's complaint set for claim for negligence and negligence per se based on a teller's actions in improperly accessing the plaintiff's confidential inform

  • Law Journal Press | Digital Book

    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

    View this Book

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  • Hosch v. Colonial Pacific Leasing Corp.

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: William E. Gray II Gray Chamberlin LLC, Dunwoody, for appellant.
    for defendant: Ted W. Hight III Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: A11A1773

    The trial court did not err in denying the defendant's motion for summary judgment on the ground that the plaintiff was not the real party in interest, as such an objection is a matter in abatement

  • Leverett v. State

    Publication Date: 2012-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Daniel M. Hirsh Hall Hirsh LLC, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Elizabeth L. Chancey District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A11A1995

    The trial court did not abuse its discretion in denying the defendant's speedy trial m

  • Nexgen Cumming LLC v. State Bank and Trust Co.

    Publication Date: 2012-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Timothy S. Walls Mills & Hoopes LLC, Lawrenceville, for appellant.
    for defendant: . Joseph P. Farrell and Christopher M. Gant Quirk & Quirk LLC, Atlanta, for appellee.
    Case Number: A11A2170

    The evidence supported the trial court's finding that the required nonjudicial foreclosure notice was published once a week for four consecutive weeks in the county's legal

  • Ross v. State

    Publication Date: 2012-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Edgar A. Callaway Jr., Conyers, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Milledgeville, and Alison T. Burleson, Assistant District Attorney, Madison, for appellee.
    Case Number: A11A1936

    Counsel for the defendant was not ineffective in failing to object to the timeliness of the state's notice of its intent to seek recidivist sentencing, as counsel was aware of the defendant's crimin

  • Dean v. State

    Publication Date: 2012-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jonathan P. Waters, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Pamela Y. White-Colbert, Assistant District Attorney, John A. Regan and Gregory W. Winters District Attorney's Office, Macon, for appellee.
    Case Number: A11A2387

    The evidence did not support the trial court's charge on family violence and determining whether a person is the primary physical aggr