• Pulte Home Company, LLC v. Juanita M. Aycock Living Trust

    Publication Date: 2021-08-05
    Practice Area: Administrative Law | Public Records
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: James Balli, (Taylor English Duma, LLP), Atlanta, for appellant.
    for defendant: Hylton Dupree, (Dupree & Kimbrough, LLP), Marietta, for appellee; Debra Blair, Lauren Bruce, (Cobb County Attorney's Office), Marietta, for other party.

    Case Number: A21A0640

    County That Has Easement Over Entire Road Can Issue Permits to Perform Work on Unpaved Portion of Road

  • Poverty Destroyed Forever, LLC. v. Visio Financial Services, Inc. et al.

    Publication Date: 2021-07-15
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Joseph Todd, (Joseph M. Todd, P.C.), Jonesboro, for appellant.
    for defendant: Howell Hall, (Shapiro Pendergast & Hasty, LLP), Atlanta, for appellee.

    Case Number: A21A0461

    In a foreclosure action, the Court affirmed a directed verdict dismissing a claim for punitive damages and the denial of debtor's motion to set aside a foreclosure action

  • Evans v. The State

    Publication Date: 2021-07-14
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Joseph Key, Kayci Timmons, (Miller & Key PA), McDonough, Robert Rubin, (Peters, Rubin & Sheffield), Decatur, for appellant.
    for defendant: Fani Willis, Paul Howard, (Fulton County District Attorney), Atlanta, Kevin Armstrong, (Office of the District Attorney), Atlanta, Linda Dunikoski, (Cobb County District Attorney's Office Cobb County Courthouse), Marietta, for appellee.

    Case Number: A21A0186

    Court affirms public school principal's RICO act convictions relating to cheating on standardized tests over her multiple contentions of trial court error

  • Kuprian v. The State

    Publication Date: 2021-07-02
    Practice Area: Constitutional Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: James Theodocion, (Attorney at Law), Augusta, for appellant.
    for defendant: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney's Office), Fayetteville, Donna Gopaul, (Forsyth County Solicitor's Office), Cumming, Marie Broder, (Spalding County District Attorney's Office), Griffin, for appellee.

    Case Number: A21A0472

    Other-Acts Evidence of Child Molestation in Another State Admissible to Show Motive and Intent

  • Montgomery v. The Travelers Home and Marine Insurance Company

    Publication Date: 2021-07-02
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: David Messer, (Briskin, Cross & Sanford, LLC), Alpharetta, for appellant.
    for defendant: Sara Becker, Karen Karabinos, (Drew Eckl & Farnham, LLC), Atlanta, for appellee.

    Case Number: A21A0104

    Court affirms partial summary judgment ruling that rejected an insured party's claim for bad faith denial of payment where insurer had a reasonable basis to deny the claim

  • Ernest v. Moffa

    Publication Date: 2021-07-01
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: James Deal, (Gibson, Deal & Fletcher, P.C.), Peachtree Corners, for appellant.
    for defendant: Gregory Golden, (Kupferman & Golden), Atlanta, for appellee.

    Case Number: A21A0269

    Court affirms divorce decree that was entered after a spouse failed to show up for a bench trial in her divorce proceedings

  • In Re Ragas

    Publication Date: 2021-07-01
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Daniel Morgan, (Attorney at Law), Rome, for appellant.
    for defendant: Erik Pirozzi, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellee.

    Case Number: A21A0237

    Court reverses order of criminal attempt that had been issued against an attorney due to insufficient evidence to show violation of any order directed at the attorney

  • Sanchez v. The State

    Publication Date: 2021-06-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Lynn Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, Tristan Gillespie, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, Daniel Sanmiguel, (Hall County Solicitor's Office Office of the Solicitor-General), Gainesville, for appellee.

    Case Number: A21A0938

    Trial Court Erred in Denying Pro Se Motion For New Trial Based on Mistaken Conclusion Defendant Was Represented by Counsel

  • Cornerstone Ministries & Christian School, Inc. v. Pitney Bowes Global Financial Services, LLC

    Publication Date: 2021-06-22
    Practice Area: Civil Procedure | Contracts
    Industry: Electronics
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Richard Braun, Darien, James Smith, (Attorney at Law, LLC), Townsend, for appellant.
    for defendant: John Lucas, (Attorney at Law), Atlanta, Marion Stokes, (Stokes Carmichael & Ernst, LLP), Atlanta, for appellee.

    Case Number: A21A0430

    Court reverses summary judgment award in favor of equipment lessor because lessee's evidence showed a triable issue of material fact

  • Messick v. Messick

    Publication Date: 2021-06-11
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Joann Sharp, (Meriwether & Tharp, LLC), Alpharetta, for appellant.
    for defendant: Jared Roberts, (Attorney at Law), Douglas, James Garner, (James C. Garner, LLC), Dublin, for appellee.

    Case Number: A21A0600

    Party's Lottery Proceeds Were Marital Property Not Addressed By Earlier Settlement Agreement

  • The State v. Grant

    Publication Date: 2021-06-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Patsy Austin-Gatson, Daniel Porter, Brandon Delfunt, (Gwinnett Justice and Administration Center), Lawrenceville, for appellant.
    for defendant: Maryann Blend, (Attorney at Law), Lawrenceville, for appellee.

    Case Number: A21A0340

    State Failed to Prove Defendant Materially Breached Plea Agreement By Testifying Untruthfully