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  • Ivey v. The State

    Publication Date: 2023-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Bryan Ivey, (Carroll County Correctional Institution), Carrolton, for appellant.
    for defendant: Tuttle Barksdale, (Ocmulgee Judicial Circuit District Attornye’s Office), Eatonton, Sydney Segers, (Ocmulgee Judicial Circuit District Attornye’s Office), Milledgeville, for appellee.
    Case Number: A22A1214

    Trial Court Should Have Asked Pro Se Defendant If He Wanted To Enter Plea Under First Offender Act

  • Benchmark Rehabilitation Partners, LLC v. SDJ Logistics, LLC

    Publication Date: 2023-04-03
    Practice Area: Discovery | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Peter Farley, (McGuire Woods LLP), Atlanta, Laura Cooley, (McGuire Woods, LLP), Richmond, for appellant.
    for defendant: Darrell Carver, (Mykkeltvedt & Loftin LLC), Atlanta, Zachary Matthews, (McMickle, Kurey & Branch, LLP), Alpharetta, for appellee; Johnquel Neal, (Attorney at Law), Atlanta, for other party.
    Case Number: A22A1519

    Court affirms order compelling a non-party to compel documents in a car accident/injury case

  • Power v. Toccoa Dreams, LLC et al.

    Publication Date: 2023-03-31
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Jourdain, Brittany Hepner, (The Minor Firm), Dalton, for appellant.
    for defendant: William Martin, (Drew Eckl & Farnham, LLP), Atlanta, Nathan Hall, (Drew Eckl & Farnham, LLP), Chicago, for appellee; Sarah Illg, (Teague Law), East Ellijay for other party.
    Case Number: A22A1347

    A renter of a vacation property is not liable for a slip and fall accident under an exculpatory clause in the rental agreement, as that clause is void under OCGA §13-8-2(b).

  • Griffith v. Robinson

    Publication Date: 2023-03-23
    Practice Area: Education Law | Personal Injury
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Lakeisha Griffith, Lilburn, for appellant.
    for defendant: Randall Farmer, (Attorney at Law), Marietta, Russell Britt, (Attorney at Law), Atlanta, Pearson Cunningham, (Hall Booth Smith), Atlanta, for appellee; Brandon White, (Fulton County Office of the Solictor General), Atlanta, for other party.
    Case Number: A22A1742

    Tort Claims Based on Complaint Filed With Professional Standards Agency Was Barred by Sovereign and Official Immunity

  • Armstrong et al. v. Solicitor General Of Gwinnett County

    Publication Date: 2023-03-23
    Practice Area: Court Administration | Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Walter Britt, (Chandler, Britt & Jay, LLC), Buford, for appellant.
    for defendant: Brian Whiteside, Joseph Morales, (Gwinnett County Solicitor’s Office), Lawrenceville, Lisamarie Bristol, (Office of the Public Defender), Monroe, for appellee.
    Case Number: A22A1537

    State Lacked Authority to Seek Order Directing Recorder's Court Judges to Transfer Ordinance Violation Cases to State Court

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Brixmor New Chastain Corners SC, LLC v. James

    Publication Date: 2023-03-20
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: Joshua Stein, (Goodman McGuffey Lindsey & Johnson, LLP), Atlanta, for appellee.
    Case Number: A22A1499

    Court affirms denial of shopping center's summary judgment motion in a trip and fall case due to questions of material fact as to plaintiff's knowledge of a hazard

  • Cobb County v. Mable Oak Development, LLC

    Publication Date: 2023-02-28
    Practice Area: Civil Appeals | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Debra Blair, Laura Murphree, Hugh Rowling, Lauren Bruce, (Cobb County Attorney’s Office), Marietta, for appellant.
    for defendant: Roy Barnes, (The Barnes Law Group, LLC), Marietta, Hylton Dupree, (Dupree & Kimbrough, LLP), Marietta, for appellee.
    Case Number: A22A1658

    Court dismisses appeal as moot because appellant performed acts required by an injunction and failed to seek or procure a supersedeas

  • Steffey v. Ameris Bank et al.

    Publication Date: 2023-02-22
    Practice Area: Civil Procedure | Contracts
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Allen Meadors, (Allen Meadors Practitioners), Atlanta, for appellant.
    for defendant: Shanon McGinnis, (Wargo & French LLP), Atlanta, for appellee.
    Case Number: A22A1368

    Court reverses dismissal of breach of contract claims where plaintiff was charged interest on a construction loan but never took a draw under that loan

  • MyFamilyDoc, LLC et al. v. Johnston et al.

    Publication Date: 2023-02-17
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, for appellant.
    for defendant: Steven Wisebram, Lee Gutschenritter, (Finch, McCranie, Brown Hendrix et al), Atlanta, for appellee.
    Case Number: A22A1714

    Court reverses denial of practitioner's summary judgment motion in a malpractice case where she had not relationship with patient, and affirms denial as to other issues

  • In the Interest of J. L. O. et al., children.

    Publication Date: 2023-02-09
    Practice Area: Civil Appeals | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Swindle, (Law Office of James Swindle, P.C.), Brunswick, for appellant.
    for defendant: James Chamberlin, Brunswick, Shalen Nelson, (Senior Assistant Attorney General), Atlanta, Hannah Hensley, Homer, for appellee.
    Case Number: A23E0025

    Court of Appeals Lacked Jurisdiction to Consider Request For Extension of Time Filed After Expiration of Time to File Appeal