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  • Kimbrough et al. v. The State

    Publication Date: 2017-12-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Amanda Clark Palmer (Garland, Samuel & Loeb PC), Atlanta; Janice Singer-Capek (Attorney at Law), Atlanta, for appellant.
    for defendant: Stephen Fern (Assistant District Attorney Gwinnett Justice and Administration Center), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A15A1738

    The trial court erred in denying defendants' special demurrers seeking more detail about their alleged violations of the Georgia Racketeer Influenced Corrupt Organizations Act, because the indictment did not give defendants enough information about the charges to "prepare [their] defense intelligently."

  • Hughes v. First Acceptance Insurance Company Of Georgia, Inc.

    Publication Date: 2017-12-01
    Practice Area: Civil Procedure | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Brandon Cathey (Swope Rodante PA.), Tampa, for appellant.
    for defendant: John Berry, Robin Johnson, James Evans (Dentons US LLP), Atlanta, for appellee.
    Case Number: A17A0735

    The trial court erred in granting insurer's motion for summary judgment and but properly denied insured's motion for summary judgment in his suit alleging that insurer failed to settle an insurance claim, because genuine issues of material fact remained.

  • Oconee Investment Group, LLC v. Turk

    Publication Date: 2017-11-30
    Practice Area: Contracts | Real Estate
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1193

    Defendant was not entitled to summary judgment in real estate agent's suit for breach of contract, fraud, quantum meruit, and unjust enrichment in connection with referral services she provided in a real estate transaction, as O.C.G.A. § 43-40-24 subsection (a) did not bar the real estate agent from bringing her action although she did not possess a valid Georgia real estate brokerage license because her activities fell within an exception to the statutes prohibition.

  • Kidney et al. v. Eastside Medical Center LLC et al.

    Publication Date: 2017-11-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: George McGriff (McGriff & Associates), Roswell; Eric Wyatt (George W. McGriff & Associates), Roswell, for appellant.
    for defendant: Kevin Race, Terrance Sullivan (Insley & Race, LLC), Atlanta; Rolfe Martin (Owen Gleaton Egan Jones & Sweeney, LLP), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Heather Miller (Carlock Copeland & Stair), Atlanta, for appellee. Michael Bailey (Huff, Powell & Bailey, LLC), Atlanta, for other party.
    Case Number: A17A0806

    The trial court partially erred in granting summary judgment to medical defendants in plaintiffs' medical malpractice action because whether defendants were entitled to the benefit of the heightened evidentiary burden of the emergency medical care statute, O.C.G.A. § 51-1-29.5, depended on disputed issues of fact.

  • Newstrom et al. v. Auto-Owners Insurance Company

    Publication Date: 2017-11-27
    Practice Area: Civil Procedure | Insurance Law
    Industry: Insurance
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0954

    The trial court properly granted insurer's motion for summary judgment in insureds' declaratory judgment action in connection with their uninsured/underinsured motorist claim because, under Georgia law, a claimant who settles with a tortfeasor must execute a limited release pursuant to O.C.G.A. § 33-24-41.1 in order to preserve the claimants pending claim for UM motorist benefits against his or her own insurance carrier and here the claimant executed a general release of her claims against the other driver in the accident.

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  • The State v. Licata

    Publication Date: 2017-11-22
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Adam Keller (Sr. Assistant Solicitor General), Cumming; William Finch (Solicitor General of Forsyth County), Cumming, for appellant.
    for defendant: Woodrow Smith (Attorney at Law), Atlanta; Matthew Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A17A1200

    The trial court erred in granting DUI defendant's motion to suppress the results field sobriety tests and evidence of his refusal to take a breath test because he was sufficiently warned of his right not to incriminate himself before the field sobriety tests and he was not entitled to counsel when deciding whether to submit to the state-requested breath test.

  • Ellis v. The State

    Publication Date: 2017-11-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Monte Davis (Attorney at Law), Roswell, for appellant.
    for defendant: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome, for appellee.
    Case Number: A17A0659

    The trial court erred in key factual findings and failed to balance the relevant legal factors when it denied defendant's plea in bar on constitutional speedy trial grounds.

  • Blue Ridge Auto Auction v. Acceptance Indemnity Insurance Company, Inc.

    Publication Date: 2017-11-20
    Practice Area: Insurance Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Benfield (Law Offices of Robert H. Benfield, Jr.), Atlanta, for appellant.
    for defendant: James Strawinski (Strawinski & Stout, P. C.), Atlanta; Jay O'Brien (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A0840

    The trial court erred in granting summary judgment to insurer and denying summary judgment to plaintiff because the language in the insurance policy crucial to the determination of whether plaintiff was an insured was ambiguous and because the Court must construe ambiguities against the insurer, the Court concluded that plaintiff was an insured under the policy.

  • Graham v. Reynolds et al

    Publication Date: 2017-11-17
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Myers, Brynda Insley, Philip Henderson (Insley & Race LLC), Atlanta, for appellant.
    for defendant: Marc Metts (Metts Law Firm), Douglas; Patrick Jaugstetter (Power & Jaugstetter, P. C.), McDonough; Thomas McFarland (Bruce McFarland Law), McDonough, for appellee.
    Case Number: A17A0709

    The trial court properly denied defendant's motion to dismiss plaintiffs' medical malpractice action because, contrary to defendant's contention, plaintiffs' expert's affidavit was sufficient to meet the requirements of O.C.G.A. 9-11-9.1.

  • In The Interest of E. B., a child

    Publication Date: 2017-11-17
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jared Roberts (Attorney at Law), Douglas, for appellant.
    for defendant: George Barnhill (District Attorney), Waycross; Ian Sansot (District Attorney's Office, Waycross Judicial Circuit), Douglas, for appellee.
    Case Number: A17A0784

    The evidence was insufficient to support the juvenile's adjudications of delinquency for burglary and shoplifting but there was sufficient evidence to support his adjudication of delinquency for tampering with the operation of an electronic monitoring device.