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  • Calmes v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Brandon A. Bullard Public Defender's Office, Dallas, for Calmes. Dennis Allen, Helena, proceeded pro se. Donald R. Donovan, District Attorney, Thomas A. Cole, Dana J. Norman, Assistant District Attorneys, Dallas, and Fred A. Lane Jr. Georgia Department of Insurance, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1245; A11A2203

    The Court remanded the co-defendant's case for reconsideration of the grant of his appellate counsel's motion to withdraw, as the record did not show he knowingly waived his right to counsel or that

  • Sipplen v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Mark T. Phillips Phillips & Nemajovsky PC, Albany, for appellant. J. David Miller, District Attorney, and Tracy K. Chapman, Assistant District Attorney, Valdosta, for appellee.
    for defendant:
    Case Number: A11A1965

    The trial court harmlessly erred in charging the jury that only the slightest movement could support the asportation element of the kidnapping offense, since the evidence demonstrated that asportati

  • Farm Credit of Northwest Fla. ACA v. Easom Peanut Co.

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Nowell D. Berreth, Lisa R. Bugni and Todd R. David Alston & Bird, Atlanta, for appellant. Christina L. Folsom, William P. Langdale Jr. Langdale & Vallotton LLP, Valdosta, David A. Kendrick Floyd & Kendrick LLC, Bainbridge, Patrick S. Flynn, Albany, C. Edwin Rude Jr., Tallahassee, Fla., and Ernest A. Sellers Jr., Gainesville, Fla., for appellees.
    for defendant:
    Case Number: A11A0816

    The trial court erroneously found that the peanut growers' reserved security interest in peanut crops had priority over the lending association's security interest until such time as the peanut brok

  • Gross v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant. Robert D. James Jr., District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A11A1858

    The trial court did not err in charging the jury that a person commits aggravated assault by assaulting another person with an object that when used offensively is likely to or actually does result

  • Thompson v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jessica R. Towne Clark & Towne PC, Lawrenceville, for appellant. Daniel J. Porter, District Attorney, and James V. Branch, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A1808

    The trial court did not err in finding that the non est inventus statement on the defendant's arrest warrant for a probation violation tolled his sen

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  • Hartford Fire Ins. Co. v. iFreedom Direct Corp.

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John V. Burch Bovis, Kyle & Burch, and Leah W. Sears Schiff Hardin LLP, Atlanta, for Hartford Fire Insurance Company. Thomas M. Barton and Aaron P. Tady Coles Barton LLP, Lawrenceville, for iFreedom Direct Corporation.
    for defendant:
    Case Number: A11A1303; A11A1304

    The $150K bond, which the defendant issued to a mortgage company in 2006 pursuant to the Georgia Residential Mortgage Act, O.C.G.A. § 7-1-1000 et seq., did not apply to the mortgage company's $161,2

  • Villanueva v. First Am. Title Ins. Co.

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Derick C. Villanueva, Atlanta, for appellants. Frederic S. Beloin and Charles W. Brown Beloin & Associates LLC, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1344

    In a case of first impression, the Court held that a legal malpractice claim for financial loss, involving solely the right of property, is assig

  • Rosser v. State

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Wystan B. Getz, Decatur, for appellant. Daniel J. Porter, District Attorney, and Teresa B. Klein District Attorney's Office, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A1732

    The Court vacated the defendant's conviction because the record was silent on the issue of whether he made a knowing and intelligent waiver of his right to a jury trial before the trial court procee

  • Davis v. CitiMortgage Inc.

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: LaShunda Davis, Austell, proceeded pro se. Sidney A. Gelernter McCurdy & Candler LLC, Decatur, for appellee.
    for defendant:
    Case Number: A11A1702

    Res judicata barred claims regarding the original grant of a writ of posse which the Court affirmed on appeal, in the borrower's appeal from the grant of a second writ of posse

  • Pounds v. Brown

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: W. Pitts Carr Carr Tabb Pope & Freeman LLP, Atlanta, and Hylton B. Dupree Jr. Dupree & Kimbrough LLP, Marietta, for appellants. David H. Flint Schreeder, Wheeler & Flint LLP, Michael Weinstock, Richard V. Merritt Weinstock & Scavo PC, Dwight J. Davis King & Spalding, Leo E. Reichert, F. Barry McCabe, Atlanta, Harbert S. Gregory Jr. Brock, Clay, Calhoun & Rogers PC, Robert B. Silliman Awtrey & Parker, Marietta, and S. Lester Tate III Akin & Tate, Cartersville, for appellees.
    for defendant:
    Case Number: A10A0497

    Because the issue on appeal concerned uncontroverted evidence regarding the acts taken by the Board subsequent to the trial court's approving the agreement and the legal determination of whether su