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  • Faulkner v. Cotes

    Publication Date: 2024-11-28
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Meredith Gardial, (Grisham, Poole & Carlile, P.C.), Canton, Sarah Illg, (Teague Law), East Ellijay, for appellant.
    for defendant: George Weaver, (Law Office of George W. Weaver), Jasper, for appellee.
    Case Number: A24A1073

    Court vacates trial court order on a child custody modification due to inadequate findings of fact and remands for more detailed findings and clarification of how those findings support the order

  • Doe v. Vest Monroe et al.

    Publication Date: 2024-11-25
    Practice Area: Class Actions
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Scott Bonder, Joseph White, (Fried Bonder White, LLC), Atlanta, Roy Kelly, Caitlin Derst, (Kelly & Kelly LLP), Savannah, for appellant.
    for defendant: David Hayes, (Attorney at Law), Atlanta, Kimberly Woodland, Kathleen Broyles, (Bendin Sumrall & Ladner, LLC), Atlanta, for appellee.
    Case Number: A23A0605

    Court vacates a prior opinion and, on remand, adopts a Georgia Supreme Court opinion affirming trial court's denial of class certification in a breach of contract and negligence case

  • North American Senior Benefits, LLC v. Wimmer et al.

    Publication Date: 2024-11-08
    Practice Area: Contracts | Employment Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Hayes, (Attorney at Law), Atlanta, Thaddeus Wilson, Zachary McEntyre, Valentin Leppert, Andrew Chinsky, (King & Spalding LLP), Atlanta, for appellant.
    for defendant: Jeffrey Mokotoff, Leslie Hartnett, (Ford & Harrison LLP), Atlanta, Abigail Larimer, (Mohawk Industries), Calhoun, Benjamin Fryer, Charlotte, for appellee.
    Case Number: A23A0162

    Court reverses its prior opinion and adopts Supreme Court ruling that restrictive covenants may be enforceable without express geographic terms if they are reasonable in time, area, and scope

  • Columbia County v. Satcher et al.

    Publication Date: 2024-11-01
    Practice Area: Constitutional Law | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Cathey, Fort Gordon, James Ellington, William Keogh, (Hull Barrett PC), Augusta, for appellant.
    for defendant: James Trotter, (Trotter Jones, LLP), Augusta, Harry Revell, Alexander Revell, (Nicholson Revell LLP), Augusta, William Trotter, (William A. Trotter, III, P.C.), Augusta, for appellee.
    Case Number: A23A0774

    On remand from the Georgia Supreme Court, court vacates an injunction against Columbia County and remands to determine whether the injunction exceeded limits on sovereign immunity

  • Robinson v. Brown

    Publication Date: 2024-10-29
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Daniel Greenfield, (Jack F. Witcher), Bremen, Candace Rader, (Attorney at Law), Carrollton, Nathaniel Wheelwright, (Attorney at Law), Breman, for appellant.
    for defendant: Desiree Duke, Timothy Heath, (The Duke Law Firm, LLC.), Carrollton, for appellee; Timothy MacMillan, (The Law Office of Timothy J. MaCmillan), Carrollton, for other party.
    Case Number: A24A0786

    Court reverses denial of new trial motion in a child custody dispute case due to the trial court's ruling on the motion without holding a hearing

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  • Warren v. Wal-Mart Stores East, LP (Delaware)

    Publication Date: 2024-10-28
    Practice Area: Civil Procedure | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Greason, (Attorney at Law), Stone Mountain, for appellant.
    for defendant: Garret Meader, (Drew Eckl & Farnham, LLP), St. Simons Island, Lauren Smith, St. Simons Island, for appellee.
    Case Number: A24A0815

    Court affirms dismissal of premises liability suit due to plaintiff's failure to timely participate and respond to discovery

  • The State v. Haynes

    Publication Date: 2024-10-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David White, (District Attorney), Hartwell, Jeffrey Lee, (Elbert County District Attorney's Office), Elberton, for appellant.
    for defendant: Jeffrey Rothman, (Daniels & Rothman, P.C.), Athens, for appellee.
    Case Number: A24A0923

    Court reverses exclusion of blood-test evidence in vehicular homicide case, finding that a warrant for the evidence was supported by probable cause

  • The West Firm, P. C. v. Central United Methodist Church of Atlanta, Inc. et al.

    Publication Date: 2024-10-25
    Practice Area: Contracts
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Steven West, (Days & West, P. C.), Atlanta, Lisa West, (The West Firm), Atlanta, for appellant.
    for defendant: Ronald Freeman, Chelsea Freeman Dease, (Johnson & Freeman, LLC), Union City, for appellee.
    Case Number: A24A0750

    Court partially reverses summary judgment in a contract payment dispute due to issues of material fact as to date or tendered payment, but affirms judgment on interference and conspiracy

  • Couch v. The State

    Publication Date: 2024-10-24
    Practice Area: Criminal Law | Evidence
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Matthew Nestrud, (Coweta Circuit Public Defender’s Office), Franklin, for appellant.
    for defendant: John Cranford, (Coweta Judicial Circuit), Newnan, Matthew Moore, (Lookout Mountain Judicial Circuit District Attorney), Lafayette, for appellee.
    Case Number: A24A1034

    Court affirms denial of motion drug suppress evidence found in a hotel room because hotel guest lost a right to privacy after scheduled checkout time

  • Crookshanks v. Crookshanks

    Publication Date: 2024-08-23
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Chris Crookshanks, Lewisburg, for appellant.
    for defendant: Barbara Claridge, (Claridge Law Firm), Augusta, for appellee.
    Case Number: A24A1069

    Court vacates and remands modified child custody and support order due to trial court's failure to provide statutorily-required findings of fact and conclusions of law