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  • Riggs v. Highland Hills Apartments LLC

    Publication Date: 2015-11-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Paul Ayerbe and William Arnold Ayerbe Cowart LLC, Macon, for appellant.
    for defendant: Erin Corbett and Daniel Bullard Bullard Wangerin LLP, Macon, for appellees.
    Case Number: A15A1089

    The trial court erred in granting summary judgment to the defendant landlord in the plaintiff's premises liability action arising after he tripped and fell in a common area at the apartment complex

  • Hettrick v. State

    Publication Date: 2015-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Mary Erickson, Atlanta, for James Hettrick. Jessica Towne Clark Towne PC, Lawrenceville, for Michael Hettrick. Daniel J. Porter, District Attorney, and Courtney Spicer District Attorney's Office, Lawrenceville, for State.
    for defendant:
    Case Number: A15A0868; A15A0869

    The jury could infer from the evidence that the defendant intended to deprive his employer of funds belonging to it when he, without his employer's authorization, wrote numerous checks to himself an

  • Birdsong v. Barnett

    Publication Date: 2015-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Eric Crawford Crawford Boyle LLC, Monroe, for appellant.
    for defendant: Catherine Barnett, Lawrenceville, proceeded pro se.
    Case Number: A15A0896

    There was sufficient evidence, including a home security camera videotape, to support the order holding the appellant in criminal contempt for violating a stalking protective order his neighbor had

  • Turner v. State

    Publication Date: 2015-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Lawrence Zimmerman, Atlanta, for appellant.
    for defendant: Layla Zon, District Attorney, and Melanie Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A15A1291

    The defendant failed to show both deficient performance and prejudice with regard to his ineffective assistance of counsel claims following his trial for child molestation and enticing a child for i

  • Steagald v. Eason

    Publication Date: 2015-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Marc Avidano Smith, Welch, Webb White LLC, McDonough, and Andrew Gebhardt Smith, Welch, Webb White LLC, Stockbridge, for appellant.
    for defendant: . Walter McClelland and James Scarbrough Mabry McClelland LLP, Atlanta, for appellees.
    Case Number: A15A0857

    The defendant's dog's menacing behavior on the first day he was in an unfamiliar location was insufficient to put the owner on notice that the dog would launch an unprovoked attack on the plaintiff

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  • Dell v. Dell

    Publication Date: 2015-10-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Leah Dell, Ocala, FL, proceeded pro se. Andrew Mosley Mosley Law Offices, Lawrenceville, for appellee.
    for defendant:
    Case Number: A15A1430

    The evidence was sufficient to support the trial court's findings that the mother, without justifiable cause, failed to have any contact with the child and failed to support the child for a period l

  • Thomas v. State

    Publication Date: 2015-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Frank Thomas, Nicholls, proceeded pro se. Samuel Altman, District Attorney, Swainsboro, for appellee.
    for defendant:
    Case Number: A15A1514

    The Court lacked jurisdiction over the defendant's appeal of the denial of his motion to "vacate and correct a void sentence" because he failed to raise a valid void sentence claim, as claims challe

  • Cooper v. State

    Publication Date: 2015-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Katherine Mason, Augusta, for appellant.
    for defendant: Richard Mallard, District Attorney, and Joseph Black, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A15A1348

    The defendant knowingly and voluntarily waived his right to a jury trial after he was charged with selling cocaine, using a communication facility to commit or facilitate the commission of a felony

  • Taylor v. State

    Publication Date: 2015-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Long Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: David White, District Attorney, and Geoffrey Fogus District Attorney's Office, Hartwell, for appellee.
    Case Number: A15A1445

    There was overwhelming evidence of the defendant's guilt in his trial for child molestation based on an act he admittedly committed against his girlfriend's daughter, and any error in the trial cour

  • Morgan v. U. S. Bank Trust NA

    Publication Date: 2015-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Wayne Dempsey, Dunwoody, for appellant.
    for defendant: Howell Hall, Brian Klein Pendergast Associates PC, and Louis Fiorilla Burr Forman LLP, Atlanta, for appellee.
    Case Number: A15A1215

    The trial court erred in entering a default judgment in favor of the plaintiff bank in its action seeking to reform a security deed, as the defendant's answer was timely because the office of the c