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  • Eayrs v. Wells Fargo Bank NA

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Edwin A. Tate II Seacrest, Karesh, Tate & Bicknese, Atlanta, for appellant.
    for defendant: . Paul M. Baisier, Sara M. LeClerc and Stephanie H. Philips Seyfarth Shaw LLP, Atlanta, for appellee.
    Case Number: A11A1356; A11A1357

    The appellants failed to show that the creditor's scheduling and cancelling of five successive foreclosure sales over a 6-month period caused the foreclosed properties to sell for less than their fa

  • placeStateWashingtonv. State

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: David M. Burns Jr., placeCitySavannahfor appellant. Larry Chisolm, District Attorney, and Christine S. Barker, Assistant District Attorney, placeCitySavannah, for appellee.
    for defendant:
    Case Number: A11A1268

    The trial court did not err in ruling that, pursuant to O.C.G.A. § 17-10-7 c, the defendant was ineligible for parole because he had three prior felony convic

  • Villas at Stone Mountain Condominium Ass'n, Inc. v. Blair

    Publication Date: 2011-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jacob R. Davis and Randall M. Lipshutz Lipshutz Greenblatt LLC, Decatur, for appellant.
    for defendant: James W. Howard and Sharon E. Howard The Howard Law Firm, Tucker, for appellee. Other party representation: Alan F. Herman Hawkins & Parnell LLP, Atlanta. Patsy McDonald, Snellville, proceeded pro se.
    Case Number: A11A0912

    Under the Georgia Probate Code and the Georgia Condominium Act, the d nt, as her intestate mother's heir, was immediately vested with her mother's title to a condo upon her mother's death, the

  • Washington v. State

    Publication Date: 2011-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James W. Bradley, Lakemont, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Caroline C. Owings, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A11A1141

    The trial court did not err in admitting a photograph of stolen goods found in the apartment where the defendant was arr

  • Kensington Partners LLC v. Beal Bank Nevada

    Publication Date: 2011-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John A. Christy and Elizabeth L. Fite Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: . Michael D. Payne, John G. McCullough and Gregson T. Haan McCullough, Payne & Haan LLC, Atlanta, for appellee.
    Case Number: A11A1127

    The evidence clearly showed that the FDIC was acting as receiver for a defunct bank when it assigned loan documents to the plaintiff bank and the assignment included the defendants' personal guara

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to the Fair Labor Standards Act 2014

    Authors: Michael D. Malfitano

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  • Smith v. Hall

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kenneth E. Futch Jr. The Futch Law Firm, Waycross, for appellant.
    for defendant: Eric A. Collins and George T. Talley Coleman Talley LLP, Valdosta, for appellee.
    Case Number: A11A1042

    The defendant's response to a demand for s ent was an unequivocal acceptance of the offer to s

  • Alexander v. State

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James W. Barnes Public Defender's Office, Milledgeville, for appellant.
    for defendant: Fredric D. Bright, District Attorney, and Reginald L. Bellury, Assistant District Attorney, Milledgeville, for appellee.
    Case Number: A11A1424

    The state failed to prove venue, because no evidence showed that the city of Millegeville, where the incident in question occurred, is entirely within Baldwin c

  • Mayor & Aldermen of the City of Savannah v. Batson-Cook Co.

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Andrew D. Shore, Gregory K. Morgan, Elizabeth B. Hodges Phillips & Morgan LLP, Atlanta, James B. Blackburn and Peter A. Giusti, Savannah, for appellant.
    for defendant: Charles J. Willis, Mark L. Degennaro Willis, McKenzie, Degennaro & Alford LLP, LaGrange, Robert S. Glenn Jr. Ellis, Painter, Ratterree & Adams, Stanley Karsman Savage, Turner, Pinson & Karsman, Savannah, and Brian J. Vella Smith, Pachte, McWhorter PLC, Vienna, Va., for appellees.
    Case Number: A11A0768

    The trial court did not err in denying the city's motion to recuse the trial judge because the city's factual assertions did not demonstrate that the judge's impartiality might reasonably be quest

  • O'Neal v. State

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: David R. Brunk Public Defender's Office, Augusta, for appellant.
    for defendant: Ashley C. Wright, Assistant District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A11A1218

    The defendant's statements to police that he possessed marijuana and had marijuana pipes were not made in response to questions by deputies and the statements gave the officers probable cause to sea

  • Hendricks v. Dupree

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Richard K. Strickland Brown Readdick Bumgartner Carter, Brunswick, for appellant.
    for defendant: Jean E. Johnson Jr. and Willard T. Bullock IV, Marietta, for appellee.
    Case Number: A11A0973

    A county road superintendant was entitled to qualified immunity in personal injur on as the work of cutting back vegetation along a roadway is a discretionar