• Babinsack v. Alfonso-Garcia

    Publication Date: 2016-07-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: M. Andrew Clark Andy Clark Law LLC, Atlanta, for appellant.
    for defendant: Alejandro Alfonso-Garcia, proceeded pro se.

    Case Number: A16A1071

    The Court affirmed the entry of a stalking protective order after the appellant left threatening voicemail messages on her son-in-law's

  • Silva v. Georgia Dep't of Transp.

    Publication Date: 2016-07-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Erika Birg Nelson Mullins Riley Scarborough LLP, Douglas Powell Hinton Powell, and Kathleen Edwards-Opperman Montlick Associates PC, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, and Melissa Tracy Attorney General's Office, Atlanta, for appellee.

    Case Number: A16A0072

    The trial court did not err in dismissing the plaintiff's personal injury suit against the Georgia Department of Transportation arising out of an automobile accident, because the plaintiff failed to

  • Hill-Blount v. State

    Publication Date: 2016-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Peter Johnson, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Joshua Smith District Attorney's Office, Augusta, for appellee.

    Case Number: A16A0758

    The Court lacked jurisdiction to consider the defendant's untimely appeal from the denial of his motion for a new trial following his convictions for armed robbery and possession of a firearm during

  • In the Interest of J. M. L.

    Publication Date: 2016-06-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Outman, Atlanta, and Justin Hester Hester Outman LLC, Norcross, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Sarah Warren Attorney General's Office, Atlanta, Autumn Cocchi Killian Boyd PC, Frances Dyal, James Chamberlin, Jason Clark, Brunswick, and Kathleen Williams, St. Simons Island, for appellee.

    Case Number: A15A2359

    The Court had resolved the appellant's arguments in an earlier appeal in an unpublished decision without opinion, and that decision was binding on the parties and established the law of the

  • In the Interest of the Estate of Joe Leonard Jr.

    Publication Date: 2016-06-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Timothy Allred and R. Leslie Waycaster Jr., Dalton, for appellant.
    for defendant: Steven Rodham and Ronald Womack Womack, Gottlieb Rodham PC, LaFayette, for appellee.

    Case Number: A15A1802

    The plaintiff failed to comply with statutory requirements for presentment of his ante litem notice, and the trial court therefore properly granted summary judgment to the county in the plaintiff's

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  • In the Interest of S. P.

    Publication Date: 2016-06-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Anna Johnson, Cartersville, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, and Calandra Harps, Assistant Attorney General, Atlanta, for appellee. Other party representation: Joshua Earwood, Cartersville.

    Case Number: A15A2015; A15A2016

    There was clear and convincing evidence supporting the termination of a mother's parental rights to her minor child and the award of permanent custody to the Department of Family and Children Servic

  • Jones v. Sabal Trail Transmission LLC

    Publication Date: 2016-06-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jonathan Waters, Macon, for appellant.
    for defendant: Matthew Calvert, Brooke Voelzke Hunton Williams, Atlanta, and James Humphries, Kennesaw, for appellee.

    Case Number: A15A2326

    The appellant property owner failed to show reversible error in the grant of declaratory judgment and injunctive relief authorizing a company to enter and survey her property for a proposed natural

  • Ashline v. Marinas USA LP

    Publication Date: 2016-05-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Gregory Blazer, John Robinson, and Mark Robinson Robinson Blazer LLP, Decatur, for appellant.
    for defendant: Paul Andrew Andrew, Merritt, Reilly Smith, Lawrenceville, for appellee.

    Case Number: A15A2059

    The trial court properly denied the plaintiff's motion to add or substitute parties as successors-in-interest to the business against which the plaintiff had obtained a default judgment, since none

  • Alday v. State

    Publication Date: 2016-05-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Meghan Carroll, Atlanta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Joshua Smith, and Amanda Heath District Attorney's Office, Augusta, for appellee.

    Case Number: A15A2236

    The Court reversed the defendant's convictions on two counts of child molestation for touching the vaginal area and buttocks of his minor granddaughter, because the trial judge improperly expressed

  • Monroe County Bd. of Tax Assessors v. Wilson

    Publication Date: 2016-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Christian Henry, Madison, for appellant.
    for defendant: G. Roger Land, Mitchell Graham G. Roger Land Assocs., Atlanta, and Charles Haygood, Forsyth, for appellees.

    Case Number: A15A1901

    The trial court properly denied the board of tax assessors' request for a declaration that taxpayers' appeals stood dismissed with prejudice for failure to be tried at the first available term of co