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Publication Date: 2015-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Cory Close and Jeffrey Leeper Busch, Reed Jones PC, Marietta, for appellant.
for defendant: Jeffrey Schneider Weissman, Nowack, Curry Wilco PC, Atlanta, for appellees.
Case Number: A15A1262
In a materialman's lien action, genuine issues of material fact remained as to whether the parties were in privity of contract and whether the 365-day time limit set forth in O.C.G.A. § 44-14-361.1
Publication Date: 2015-12-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Grady Roberts Roberts Law LLC, Atlanta, for appellant.
for defendant: . Kevin Quirk Quirk Quirk LLC, Atlanta, for appellees.
Case Number: A15A0931
The Court, sua sponte, imposed sanctions against the appellants' attorney after finding that the appeal was frivolous and reflected a recurring pattern of misco
Publication Date: 2015-12-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: John Woodham Woodham Law LLC, Atlanta, for appellant.
for defendant: . James Dearing, Atlanta, for appellee.
Case Number: A15A1034; A15A1035
The evidence supported the contempt order entered against an attorney who wilfully failed to comply with two post-judgment discovery orders, but the trial court was not authorized to make the attorn
Publication Date: 2015-12-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Carson Jeffries HPJ Legal Services LLC, Atlanta, for appellant.
for defendant: . Joseph Quirk and Kathleen Quirk Quirk Quirk, Atlanta, for appellees.
Case Number: A15A0879
The plaintiffs submitted sufficient evidence to create a question of fact for jury resolution in their negligence suit against their landlord, in which they alleged that their property was damaged
Publication Date: 2015-12-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Eugene Brooks Brooks Law Firm, Savannah, for appellant.
for defendant: Patrick O'Connor and Benjamin Perkins Oliver Maner LLP, Savannah, for appellee.
Case Number: A15A0943
In the plaintiff's premises liability action arising after she fell off a stage at a conference at a hotel, fact questions remained, including whether the hotel knew of the stage's unsafe configurat
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Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2015-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Nicholas Laybourn, Savannah, for appellant.
for defendant: Michael Terry, Robert Ashe Bondurant, Mixson Elmore LLP, Atlanta, Billy Jones Jones, Osteen Jones, Hinesville, Bobby Jones, Julian Smith Jones Smith PC, Metter, and Jerry Lumley Lumley Harper LLC, Macon, for appellee.
Case Number: A15A1525
The trial court did not abuse its discretion in declining to set aside a default judgment and open default after the defendant failed to answer the plaintiff's complaint, and the defendant did not
Publication Date: 2015-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Steven Harrison Public Defender's Office, Eastman, for appellant.
for defendant: Timothy Vaughn, District Attorney, and Gregory Oberry District Attorney's Office, Eastman, for appellee.
Case Number: A15A1594
The evidence was insufficient to support the defendant's convictions for methamphetamine pos n and oxycodone pos n, because the State failed to prove that the defendant had constructive po
Publication Date: 2015-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Grady Roberts Roberts Law LLC, Atlanta, for appellant.
for defendant: Stuart Busby, Eric Jenniges, Ronald Negin, Anne-Marie Shipe Busby Negin, Kevin Ward, and James Zimmerman Schulten Ward Turner LLP, Atlanta, for appellees.
Case Number: A15A1116
The trial court properly dismissed the plaintiff's complaint for failure to state a claim, as there was no set of facts within the framework of the complaint that would have entitled the plaintiff t
Publication Date: 2015-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Joshua Millican, Atlanta, for appellant.
for defendant: George Barnhill, District Attorney, Michelle McIntire, Assistant District Attorney, and Bradley Collins District Attorney's Office, Waycross, for appellee.
Case Number: A15A1006
The evidence supported the defendant's armed robbery conviction, because it showed that the defendant ripped the victim's necklace from his neck and carried it 30 yards away before dropping it, thus
Publication Date: 2015-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Jule McReynolds The McReynolds Law Firm PC, Atlanta, for appellant.
for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor, Atlanta, for appellee.
Case Number: A15A1551
The trial court was authorized to find that the State had met its burden of showing that the defendant's guilty plea to simple battery and criminal trespass was knowing and voluntary, based on the p
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