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  • Kelly v. Fann

    Publication Date: 2017-11-16
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Dozier, Michael Hill (Dozier Law Firm, LLC), Macon, for appellant.
    for defendant: John Hawkins (Weinberg Wheeler Hudgins Gunn & Dial), Atlanta; Christopher Rodd (Whitehurst Blackburn & Warren), Thomasville, for appellee. Charles Shenton (Young Thagard Hoffman, Smith & Lawrence), Valdosta; Elissa Haynes (Goodman McGuffey LLP), Atlanta, for other party.
    Case Number: A17A1328

    The trial court properly granted defendant's motion for summary judgment in plaintiff's personal injury suit alleging that defendant failed to keep a proper lookout for potential hazards when she hit a loose bull in the highway and then hit plaintiff's vehicle, because there was no evidence of how the collision with the bull occurred so there was no evidence of anything defendant could have done to avoid the collision.

  • McDonald v. Silver Hill Homes, LLC

    Publication Date: 2017-11-15
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Raymond Williams, Christopher Collier (Williams Teusink, LLC), Decatur, for appellant.
    for defendant: Jeffrey Schneider (Weissman, PC.), Atlanta, for appellee.
    Case Number: A17A0648

    The trial court erred in granting summary judgment to defendant on plaintiff's claims for punitive damages and attorney fees in a boundary line dispute because genuine issues of material fact remained.

  • McAllister v. The State

    Publication Date: 2017-11-15
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Gerard Kleinrock (Attorney at Law), Decatur, for appellant.
    for defendant: Robert James (District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.
    Case Number: A17A1026

    The evidence supported defendant's convictions for aggravated stalking and criminal trespass after he broke into his former girlfriend's home, kissed her and crawled into her bed.

  • In The Interest of A. F. et al., children

    Publication Date: 2017-11-09
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mark Jeffrey (Attorney at Law), Marietta, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Shalen Nelson (Senior Assistant Attorney General), Atlanta; Marie Watson (Marie Y Watson & Associates PC), Avondale Estates, for appellee. Leslie Abbott, Temika Murry (DeKalb County Child Advocacy Center), Decatur, for other party.
    Case Number: A17A1171

    The juvenile court erred in failing to hold a hearing on mother's motion for new trial in a termination of parental rights proceeding before denying the motion.

  • In The Interest of E. N., a child

    Publication Date: 2017-11-08
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Roger Montgomery (Attorney at Law), Talbotton, for appellant.
    for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Sherry Goodrum (Law Office of Sherry B. Goodrum), Columbus; Shalen Nelson (Senior Assistant Attorney General), Atlanta, for appellee. Gary Byrd (Attorney at Law), Hamilton, for other party.
    Case Number: A17A1040

    The juvenile court lacked jurisdiction to rule on the issue of custody in dependency proceedings because the superior court had not transferred the motion for return of custody to the juvenile court so the Court vacated the juvenile court's denial of the motion.

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  • Stewart v. Brown

    Publication Date: 2017-11-06
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Beauchamp (Robert M. Beauchamp, Attorney at Law, LLC), Albany, for appellant.
    for defendant: Leslie Kennerly, John Smith (Young, Thagard, Hoffman, Smith & Lawrence), Valdosta, for appellee.
    Case Number: A17A1142

    The trial court erred in granting summary judgment to defendant in plaintiff's slip and fall suit because genuine issues of material fact remained regarding defendant's knowledge of the hazard and plaintiff's lack of such knowledge.

  • Jones v. The State

    Publication Date: 2017-11-03
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Viveca Famber (Attorney at Law), Austell, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; David Getachew-Smith (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A17A1053

    The evidence supported defendant's convictions for rape, aggravated child molestation, and incest for acts he committed against his niece, and the trial court was not required to conduct a competency hearing because defendant did not engage in any irrational behavior prior to the start of the trial, his demeanor did not exhibit incompetence, his attorney stated he was competent and there was no evidence of a prior medical opinion that his previous mental health diagnoses rendered him incompetent to stand trial.

  • Anderson v. Laureano

    Publication Date: 2017-10-16
    Practice Area: Civil Appeals
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kevin Adamson (Adamson & Cleveland, LLC), Norcross, for appellant.
    for defendant: Timothy Gardner (Gardner Trial Attorneys), Atlanta; April Robinson (Attorney At Law), Atlanta; Benjamin Levy (The Werner Law Firm), Atlanta, for appellee.
    Case Number: A17A0986

    The Court of Appeals dismissed appellant's appeal due to lack of jurisdiction based on appellant's failure to follow the discretionary appeal procedure.

  • Diaz v. The State

    Publication Date: 2017-10-13
    Practice Area: Criminal Law | Immigration Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Stephen Reba (Attorney at Law), Atlanta, for appellant.
    for defendant: Andrea Alabi (Assistant District Attorney), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A17A1333

    Defendant could not show that he was prejudiced by his attorney's alleged deficiency in failing to properly inform him of the immigration consequences of pleading guilty to possession of a controlled substance and he, therefore, could not prove his ineffective assistance of counsel claim and the trial court properly denied his motion to withdraw his guilty plea.