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  • Bland v. The State

    Publication Date: 2022-04-08
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jonathan Lockwood, (Office of the Public Defender Brunswick Judicial Circuit), Jesup, for appellant.
    for defendant: Charles Higgins, (District Attorney's Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney's Office for the Brunswick Judicial Circuit), Kingsland, for appellee.
    Case Number: A21A1547

    Trial Court's Error in Proceeding With Critical Stages of Trial in Defendant's Absence Required Reversal of Conviction

  • Brantley et al. v. Jones et al.

    Publication Date: 2022-04-08
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: J. Pierce, (J Wayne Pierce, P.A.), Duluth, Kyle White, (White Davis and White Law Firm), Anderson, for appellant.
    for defendant: Harvey Gray, Alexandra Joseph, (Gray Rust St Amand Moffett & Brieske LLP), Atlanta, Jason Waymire, Terry Williams, (Attorney at Law), Buford, for appellee.
    Case Number: A21A1251

    In a negligence case involving a detainee suicide, court affirms summary judgment in favor of City and an officer on sovereign immunity, but reverses as to other officers

  • Brotherhood Mutual Insurance Company v. Richardson

    Publication Date: 2022-04-05
    Practice Area: Insurance Litigation
    Industry: Non-Profit
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Luskin, Samantha Mullis, (Goodman, McGuffey, Lindsey & Johnson LLP), Atlanta, for appellant.
    for defendant: Miguel Dominguez, (Morgan & Morgan Atlanta Pllc), Atlanta, Anna Cross, (The Cross Firm LLC), Decatur, Meredith Kincaid, (The Summerville Firm), Atlanta, for appellee; Karolynn Harris, Karolynn Harris, (Worsham, Corsi, Scott & Knighten), Atlanta, for other party.
    Case Number: A21A1218

    Court interprets endorsement language in an auto policy against an insurer and rules that it does not limit underinsured motorist benefits available to an insured party

  • Griggs v. Miller et al.

    Publication Date: 2022-04-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: J. Gnann, (Gannam, Gnann & Steinmetz LLC), Savannah, for appellant.
    for defendant: Pamela Coleman, (Hall Booth Smith, PC), Macon, for appellee.
    Case Number: A21A1366

    Court reverses trial court order and rules that a lienholder cannot initiate foreclosure proceedings after expiration of seven-year reversionary period after maturity date of debt

  • Yanes v. Escobar

    Publication Date: 2022-03-30
    Practice Area: Civil Appeals | Family Law | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Lloyd Matthews, (Attorney at Law), Canton, for appellant.
    for defendant: T Bushnell, (Bushnell & Drye, LLC), Atlanta, for appellee.
    Case Number: A22A0315

    Appeal Was Subject to Discretionary Appeal Procedure and Shortened Appeal Deadline And Was Therefore Untimely Filed

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Donovan v. The State

    Publication Date: 2022-02-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Dixon Lackey, Herbert Poston, (Assistant District Attorney), Dalton, for appellee.
    Case Number: A21A1407

    Court vacates order denying pro se motion for a new trial because defendant did not knowingly, intelligently, and voluntarily waive his right to post-conviction counsel

  • Nayani v. Hassanali et al.

    Publication Date: 2022-02-08
    Practice Area: Business Torts | Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado, (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Matthew Parrish, (Robbins Ross Alloy Belinfante Littlefield), Atlanta, Heather Sharp, (First Option Mortgage), Atlanta, for appellee.
    Case Number: A21A1509

    Contract For Sale of Shares in Professional Corporation to Non-Professional Was Void as Matter of Statutory Law

  • Dentistry for Children of Georgia et al. v. Foster et al.

    Publication Date: 2022-01-21
    Practice Area: Discovery
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Michael Bailey, Michael Frankson, Randolph Powell, Paige Mckinney, (Huff Powell & Bailey LLC), Atlanta, Michael Wright, Sybil Newton, (Starnes Davis Florie LLP), Birmingham, for appellant.
    for defendant: Lee Atkinson, Andrew Hill, (Blasingame, Burch, Garrard & Ashley, PC), Athens, Dustin Davies, (Hasty Pope LLP), Gainesville, Davis Loftin, Jeffrey Mykkeltvedt, (Mykkeltvedt & Loftin, LLC), Atlanta, John Mabrey, (The Mabrey Firm, P.C.), Atlanta, James Matthews, (Blackwood, Matthews & Steel), Athens, Jonathan Pope, (Hasty Pope LLP), Canton, William Armstrong, (Attorney at Law), Marietta, Alexandra Hughes, (Carlock Copeland & Stair, LLP), Atlanta, Kathryn Burmeister, (Burmeister Law Firm, LLC), Roswell, Bryan Sutlive, (Sutlive & Associates, LLC), Atlanta, for appellee.
    Case Number: A21A1746

    Court affirms harsh sanction of precluding defendants from defending claims in a personal injury case due to defendants' willful failure to respond to discovery

  • Fossier v. The State

    Publication Date: 2022-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Luttrell, (Attorney at Law), Canton, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Harold Buckler, Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Christopher Carr, Paula Smith, (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A21A1735

    Child Victim's Failure to Identify Defendant in Open Court Did not Preclude Jury's Conclusion Defendant Was Perpetrator

  • The Mark A. Schneider Revocable Trust v. Hardy

    Publication Date: 2021-12-30
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mark Schneider, Lindsay Kennedy, (Mark A. Schneider P.A.), Fort Lauderdale, for appellant.
    for defendant: Alan Norton, (Luther-Anderson, PLLP), Chattanooga, for appellee.
    Case Number: A21A1461

    Court Erred in Granting Motion to Dismiss Complaint as Barred by the Statute of Limitation in Reliance on Matters Outside Complaint and Answer