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  • In the Interest of Z. A. et al., (Children)

    Publication Date: 2024-02-26
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A23A1434

    Court affirms order awarding temporary custody of children to the Department of Family and Children Services, and rejects mother's multiple challenges to the order

  • Bennett v. Cashin et al.

    Publication Date: 2024-02-16
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joseph Key, Kayci Timmons, (J. Scott Key, LLC), Madison, for appellant.
    for defendant: David McPherson, (The McPherson Law Firm), Sparta, for appellee.
    Case Number: A23A1708

    Court affirms judgment notwithstanding a jury verdict to the contrary, holding that an unlicensed general contractor cannot recover for nonpayment with a breach of contract claim

  • Brixmor New Chastain Corners SC, LLC v. James

    Publication Date: 2024-02-15
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: Joshua Stein, (J. Stein Law Firm), Atlanta, for appellee.
    Case Number: A22A1499

    On remand from the Georgia Supreme Court, the court affirmed denial of shopping center's summary judgment motion in a premises liability case and adjusts its ruling on spoliation

  • Martin v. The State

    Publication Date: 2024-01-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Leslie Jones, (Leslie Spornberger Jones LLC), Athens, for appellant.
    for defendant: Tammy Coffey, (District Attorney’s Office Baldwin County), Milledgeville, Tuttle Barksdale, (OcMulgee Circuit District Attorneys Office), Eatonton, for appellee.
    Case Number: A23A1421

    Court affirms convictions for possession of a controlled substance, rejecting defendant's arguments as to the denial of his motion to suppress evidence and ineffective assistance of counsel

  • Graham v. The State

    Publication Date: 2024-01-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jody Peterman, (Attorney at Law), Valdosta, for appellant.
    for defendant: Michelle Harrison, Bradfield Shealy, (District Attorney Southern Judicial Circuit), Valdosta, for appellee.
    Case Number: A23A1377

    Court affirms conviction for incest and statutory rape over defendant's contentions of ineffective assistance of counsel, emphasizing the strength of DNA evidence against him

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Nelson v. The State

    Publication Date: 2024-01-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Katherine Mason, (Attorney at Law), Augusta, for appellant.
    for defendant: Jonathan Adams, (Office of the District Attorney, Towaliga Judicial Circuit), Jackson, Dorothy Hull, (Assistant District Attorney), Forsyth, for appellee.
    Case Number: A23A1278

    Court reverses defendant's forgery convictions due to improper removal and replacement of a juror by the trial court

  • Marques v. JP Morgan Chase Bank, N.A. et al.

    Publication Date: 2023-12-22
    Practice Area: Banking and Finance Laws | Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Antoinette Marques, Lithonia, for appellant.
    for defendant: Lisa Frank, (McCalla Raymer Leibert Pierce, LLC), Roswell, Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, Kane St. John, (Attorney at Law), Marietta, for appellee.
    Case Number: A23A1266

    Court affirms dismissal of most claims in a wrongful foreclosure lawsuit but reverses as to dismissal of plaintiff's claim that a successor lender failed to comply with a statutory notice requirement

  • Elements Distribution, LLC v. State of Georgia

    Publication Date: 2023-12-01
    Practice Area: Criminal Law
    Industry: Agriculture
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Church, (The Church Law Firm, LLC), Roswell, for appellant.
    for defendant: Patsy Austin-Gatson, Brandon Delfunt, (Gwinnett County District Attorney), Lawrenceville, for appellee.
    Case Number: A23A0842

    Court reverses trial court's denial of a petition to return products containing delta-8-THC and delta-10-THC, where those products were seized pursuant to an invalid warrant

  • Willis et al. v. Water's Edge Homeowner's Association, Inc.

    Publication Date: 2023-11-22
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Ifuero Obaseki, Randy Williams, Patrick Calvo, (Williams Law Group of Georgia, LLC), Atlanta, for appellant.
    for defendant: Richard Capriola, Elizabeth Taylor, Chadd Reynolds, (Winter Caprioal Zenner LLC), Atlanta, for appellee.
    Case Number: A23A0868

    In a dispute between a homeowners' association and its members, the court ruled that association directors must be members of the association, but a quorum of members was not required for elections

  • Fields v. Rainbow Community Center, Inc. et al.

    Publication Date: 2023-11-17
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Janet Scott, Eugene Felton, Quinton Seay, (Seay/Felton LLC), Atlanta, Alexandria Jones, Atlanta, for appellant.
    for defendant: Frank Bedinger, (Hawkins Parnell Thackston & Young LLP), Atlanta, for appellee.
    Case Number: A23A1009

    Court reverses summary judgment award in favor of homeless shelter due to open issues of fact on foreseeability, and vacates breach of contract order and remands for further consideration