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  • Crouch v. Bent Tree Community Inc.

    Publication Date: 2011-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: George M. Kent Jr. and Tracy A. Marion Shapiro, Fussell, Wedge, Smotherman & Martin LLP, Atlanta, for Crouch. Eric J. Rogers and Denis G. Lovell Jr. Carlock, Copeland, Semler & Stair LLP, Atlanta, for Bent Tree.
    for defendant:
    Case Number: A11A0725; A11A0726

    The trial court erred in awarding attorneys' fees and costs under O.C.G.A. § 13-6-11, since trial courts may not grant attorneys' fees under that statute on summary jud

  • Jackson v. State

    Publication Date: 2011-06-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Mark T. Phillips, Albany, for Jackson. Kevin Armstrong, Assistant Public Defender, Albany, for Phillips. Gregory W. Edwards, District Attorney, and Matthew Breedon, Assistant District Attorney, Albany, for appellee.
    for defendant:
    Case Number: A11A0875; A11A0876; A11A0877

    The joint disposition of the indictments did not prejudice the defendant because evidence of the various, intertwined crimes would have been admissible against him had the indictments been tried sep

  • Swanson v. State

    Publication Date: 2011-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Harley D. Swanson, Sparta, proceeded pro se. Leigh E. Patterson, District Attorney, Rome, for appellee.
    for defendant:
    Case Number: A11A0633

    A motion in arrest of judgment must be field within the term of court in which the judgment was ren

  • Davis v. Citimortgage Inc.

    Publication Date: 2011-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Lashunda Davis, Austell, proceeded pro se. Daniel K. Barbagelata McCurdy & Candler LLC, Atlanta, for appellee.
    for defendant:
    Case Number: A11A0421

    Claimed defects in the landlord's title to the premises cannot be raised as a defense in a dispossessory proce

  • Executive Excellence v. Martin Bros. Invs. LLC.

    Publication Date: 2011-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Charles H. Van and Anne E. Andrews Berman Fink Van Horn PC, Atlanta, for Executive Excellence. Frank Armstrong III and Nancy L. Richardson Stewart, Melvin & Frost LLP, Gainesville, for Martin Brothers and Southern Tradition.
    for defendant:
    Case Number: A10A1745; A10A2143; A10A2144

    Statements in question were generally true and constituted expressions of opinion and hyperbole which are not actionable as defam

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    Texas Insurance Coverage Litigation: The Litigator’s Practice Guide 2024

    Authors: Amy Elizabeth Stewart

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  • Johnson v. State

    Publication Date: 2011-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Timothy L. Eidson, Public Defender, and Rashawn D. Clark Public Defender's Office, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Barbara A. Becraft and Henry O. Jones III, Assistant District Attorneys, Cordele, for appellee.
    Case Number: A11A0074

    The trial court's error in using a less stringent standard than required by O.C.G.A. § 24-9-84.1 a 2 to determine whether to admit defendant's prior felony convictions was harmless in light of the o

  • Bullard v. State

    Publication Date: 2011-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Robert L. Mack Jr. Mack & Harris PC, Stockbridge, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Jonesboro, for appellee.
    Case Number: A11A0113

    The trial court properly found that the defendant bore the burden of proof with respect to his ineffective assistance of counsel claim at the hearing on his motion to withdraw his guilty

  • Long v. Long

    Publication Date: 2011-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John R. Long, Augusta, for appellant.
    for defendant: Kristina G. Connell District Attorney's Office, Gary A. Glover Glover & Blount, J. Flythe, Augusta, and Jerry M. Daniel, Waynesboro, for appellee.
    Case Number: A11A0071

    The trial court committed grave error by refusing, upon return of the remittitur, to give full effect to the Court of Appeals' binding dec

  • In the Interest of D. M.

    Publication Date: 2011-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Stephen M. Reba Barton Juvenile Defender Clinic Emory University School of Law, and Joshua R. Drexler Ford & Harrison LLP, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Elisabeth G. MacNamara, Assistant District Attorney, and Shera' C. Grant District Attorney's Office, Decatur, for appellee.
    Case Number: A11A0021

    The offenses of carrying a pistol without a license and possession of a handgun by a minor di merge because each required proof of at least one fact the other di

  • Cardinale v. City of Atlanta

    Publication Date: 2011-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Matthew Cardinale, Atlanta, proceeded pro se. Amber A. Robinson and Kristen E. Brooks City of Atlanta Law Dep't, Atlanta, for appellees.
    for defendant:
    Case Number: A11A0217

    Trial court did not err in granting the city's motion to dismiss for failure to state a claim because plaintiff based his claim on O.C.G.A. § 50-14-1 e 2's requirement that, in the case of a roll ca