• Jackson v. State

    Publication Date: 2016-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Robert Persse Public Defender's Office, Savannah, and Russell Jones Public Defender's Office, Springfield, for appellant.
    for defendant: Samuel Altman, District Attorney, Swainsboro, and Charles Howard, Senior Assistant District Attorney, Lyons, for appellee.

    Case Number: A15A2137

    Although the armed robbery victim fled the room and left his property behind when he was faced with an offensive weapon, the evidence supported the defendant's armed robbery conviction with respect

  • Wilson v. State

    Publication Date: 2016-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Angela Dillon, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Courtney Spicer District Attorney's Office, Lawrenceville, for appellee.

    Case Number: A15A1848

    The evidence supported the defendant's conviction for aggravated assault against his ex-girlfriend's brother, and the trial court did not abuse its discretion in admitting other ac

  • City of Lovejoy v. Clayton County

    Publication Date: 2016-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: L'Erin Barnes L. F. Barnes Law, Atlanta, for appellant.
    for defendant: . Jack Hancock Freeman Mathis Gary LLP, Forest Park, for appellees.

    Case Number: A15A2092

    A city failed to comply, or to substantially comply, with statutory prerequisites for annexation of certain pro

  • Lipscomb v. Davis

    Publication Date: 2016-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Adam Jaffe Atlanta Trial Lawyers Group at Jaffe Law Center LLC, Atlanta, and Katherine Franke, Marietta, for appellant.
    for defendant: William Gray Law Office of Dan J. Colley, Duluth, for appellee.

    Case Number: A15A1986

    The trial court did not abuse its discretion in finding that the plaintiff did not demonstrate the greatest possible diligence in attempting to serve the defe

  • Gobran Auto Sales Inc. v. Bell

    Publication Date: 2016-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: David Wood, Atlanta, for appellant.
    for defendant: Eric Fortas Kurz Fortas, Atlanta, and Shireen Hormozdi Hormozdi Law Firm LLC, Norcross, for appellee.

    Case Number: A15A1889

    The Court reversed the verdict in favor of the plaintiff in her suit against an auto dealer in which she alleged that the dealer misrepresented the condition of a used car it sold her, since the Geo

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  • Financial Educ. Servs. Inc. v. State of GA

    Publication Date: 2016-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: E. Earle Burke and Jordan Mahoney The Burke Law Group LLC, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Robin Cohen, Assistant Attorney General, Charlene Swartz, and Daniel Walsh Attorney General's Office, Atlanta, for appellee.

    Case Number: A15A2311

    The Court lacked jurisdiction over the direct appeal of a superior court order compelling the appellant to comply with an investigative demand issued by the Governor's Office of Consumer Affairs, be

  • Georgia River Network v. Turner

    Publication Date: 2016-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Nathaniel Hunt and William Sapp Southern Environmental Law Center, Atlanta, for Georgia River Network in Case Nos. A14A0215, A14A0272 A14A0274 and Grady County Bd. of Comm'rs in Case No. A14A0273. Samuel S. Olens, Attorney General, Isaac Byrd in Case Nos. A14A0272 A14A0273, Deputy Attorney General, James Coots, Senior Assistant Attorney General, John Hennelly in Case Nos. A14A0272 A14A0273, Assistant Attorney General, Nels Peterson in Case No. A14A0273 Attorney General's Office, Atlanta, Devin Smith in Case Nos. A14A0215, A14A0272 A14A0274, Edward Tolley in Case Nos. A14A0215, A14A0272 A14A0274 Cook Noell Tolley Bates LLP, Athens, and Kevin Cauley in Case Nos. A14A0215, A14A0272 A14A0274, Cairo, for Turner in Case Nos. A14A0215 A14A0273 Grady County Bd. of Comm'rs in Case Nos. A14A0272 A14A0274. Amicus: Donald Stack in Case No. A14A0215 Stack Associates PC, Juliet Cohen in Case No. A14A0215 Chattahoochee Riverkeeper Inc., Patricia Barmeyer in Case Nos. A14A0215 A14A0272 King Spalding, and Jennifer Culler in Case No. A14A0215, Atlanta.
    for defendant:

    Case Number: A14A0215; A14A0272; A14A0273; A14A0274

    The literal language of the Erosion and Sediment Act does not require a buffer for state waters alongside banks without wrested veget

  • Watson v. Regional First Care Inc.

    Publication Date: 2016-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: J. Hue Henry, Athens, for appellant.
    for defendant: Alexander Booth and Jeffrey Daniel Hall, Booth, Smith Slover PC, Atlanta, for appellees.

    Case Number: A15A1708

    The defendants established the affirmative defense of assumption of the risk in the plaintiff's negligence action in which he alleged that he suffered injuries when he passed out while in a medical

  • Clark v. State

    Publication Date: 2016-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Christopher Quinn, Assistant District Attorney, and Courtney Spicer District Attorney's Office, Lawrenceville, for appellee.

    Case Number: A15A1885

    A first offender plea cannot be used to impeach a witness on general credibility grounds, because first offender status is not considered an adjudication of

  • Matthews v. Wells Fargo Bank NA

    Publication Date: 2016-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Andrew Lavoie and John Christy Schreeder, Wheeler Flint LLP, Atlanta, for appellant.
    for defendant: Kwende Jones, Bryan Glover, and Erin Howell Burr Forman LLP, Atlanta, for appellee.

    Case Number: A15A1823

    The trial court properly admitted certain business records at trial, because the plaintiff established a proper foundation for the admission of the evi