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Publication Date: 2011-10-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: S. Renee Huskey and Cary Ichter Ichter Thomas LLC, Atlanta, for appellant. J. D. Humphries III, Ron C. Bingham II Stites & Harbison PLLC, Atlanta, Joseph H. Turner Jr., Sandy Springs, and Enis T. Brown III, Eatonton, for appellee.
for defendant:
Case Number: A11A1230
A release from a promise to answer for another's debt must be in writing, and a complete and unambiguous guaranty agreement cannot be varied or contradicted by reliance upon inconsistent parol state
Publication Date: 2011-10-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Mark J. Issa The Issa Law Firm PC, Atlanta, and Gerard B. Kleinrock, Decatur, for appellant. Robert D. James Jr., District Attorney, and Anna W. Davis, Assistant District Attorney, Decatur, for appellee.
for defendant:
Case Number: A11A1233
Pretermitting the threshold question of whether the delay from the date of the def 's mistrial until the denial of his plea in bar on speedy trial grounds was presumptively prejudicial, the de
Publication Date: 2011-09-30
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
Publication Date: 2011-09-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Shone L. Broadnax, Morrow, for appellant. Douglas A. Wilde, Tyrone, for appellee.
for defendant:
Case Number: A11A1489
The plaintiff was not entitled to a spoliation presumption that a surveillance video of the gas station where he slipped and fell would have been harmful to the defendant, as the defendant did not h
Publication Date: 2011-09-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant. Garry T. Moss, District Attorney, Cliff Head, Assistant District Attorney, and Shannon G. Wallace District Attorney's Office, Canton, for appellee.
for defendant:
Case Number: A11A1439
Evidence that the defendant was present for many hours in the common area of an apartment complex where he did not live, he was intoxicated, and he harassed two women returning to the complex at 4 a
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Publication Date: 2011-09-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant. Daniel J. Porter, District Attorney, James M. McDaniel, Assistant District Attorney, and Samantha Routh District Attorney's Office, Lawrenceville, for appellee.
for defendant:
Case Number: A11A1524
The evidence of asportation was insufficient to sustain one of the defendant's kidnapping with bodily injury convic
Publication Date: 2011-09-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Joseph N. Smith, Charles S. Conerly and Randall C. Parian Smith Conerly LLP, Carrollton, for appellant.
for defendant: . Sean A. Gordon Greenberg Traurig LLP, Atlanta, for appellee.
Case Number: A11A1480
The trial court did not abuse its discretion in ordering the resale of foreclosed-upon property because the bank did not act in bad faith and the property failed to sell for its true market
Publication Date: 2011-09-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, and Kenya K. Johnson, Assistant District Attorney, Atlanta, for appellant.
for defendant: Larry D. Wolfe and Dennis C. Francis Jr., Atlanta, for appellees.
Case Number: A11A1199
Both defendants had a reasonable expectation of privacy in the motel room in question and the safe where police found crack co
Publication Date: 2011-09-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Jon C. Rhoades, LaGrange, for appellant.
for defendant: Peter J. Skandalakis, District Attorney, and Lynda S. Caldwell, Assistant District Attorney, LaGrange, for appellee.
Case Number: A11A1159
The trial court erred in denying the defendant's motion to quash his indictment, as the plain language of O.C.G.A. § 17-7-50.1 mandated the transfer of his case to the juvenile court because he was
Publication Date: 2011-09-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Edward H. Wasmuth Jr. Smith, Gambrell & Russell, Atlanta, for appellant.
for defendant: Andrew J. Gebhardt Smith Welch & Brittain and John P. Webb, Stockbridge, for appellee.
Case Number: A11A1252
The accrual of post-judgment interest on funds deposited with the trial court by the defendant pending the outcome of its appeal did not abate because the requirements of O.C.G.A. § 9-11-67 were no
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