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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.
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.
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.
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.
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.
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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.
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.
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.
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