• Columbus, Georgia Board Of Tax Assessors et al. v. Medical Center Hospital Authority

    Publication Date: 2018-05-16
    Practice Area: Civil Appeals | Tax
    Industry: Health Care | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Lomax (Robert R. Lomax LLC), Columbus; Kevin Meeks, Charles Palmer (Troutman & Sanders LLP), Atlanta, for appellant.
    for defendant: Jeffrey Brown (Brown & Adams LLC), Columbus; Andrew Rothschild, Jerome Rothschild (Rothschild & Rothschild PC), Columbus, for appellee.

    Case Number: A16A0638

    Tax Exemption Claim Could Be Raised Again Before Trial Court Where Neither Supreme Court nor Court of Appeal Had Reviewed Issue Prior to Remand

  • Colbert v. The State

    Publication Date: 2018-05-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Clark, Lawrenceville; Victoria Novak (Chattahoochee Judicial Circuit Public Defenders of), Columbus, for appellant.
    for defendant: Scott Ballard (District Attorney), Griffin; Benjamin Coker (District Attorney), Thomaston; Robert Smith (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.

    Case Number: A18A0361

    The Court affirmed defendant's convictions for two counts of armed robbery, one count of aggravated assault, two counts of possession of a firearm during the commission of a felony, one count of aggravated battery, and one count of hijacking a motor vehicle but vacated one aggravated assault count, as the trial court erred in failing to merge that count with one of the armed robbery counts, and thus remanded for resentencing.

  • Jordan v. Everson et al.

    Publication Date: 2018-05-10
    Practice Area: Civil Appeals | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Eric Frisch, Claire Sumner (Carlock Copeland & Stair LLP), Atlanta, for appellant.
    for defendant: Neal Howard (Neal H. Howard & Associates PC), Columbus; Simon Weinstein (Attorney at Law), Atlanta, for appellee. Carl Langley (Attorney at Law), Albany, for other party.

    Case Number: A16A1710

    The Court of Appeals erred in holding that an independent, intervening act breaks the chain of causation in a wrongful death case only to the extent that the independent, intervening act is wrongful or negligent; rather, the act only has to be reasonably foreseeable by the alleged tortfeasor or triggered by his conduct.

  • Atlanta Truck Parts, Inc. v. Zenon & Zenon Contractors, Inc.

    Publication Date: 2018-05-08
    Practice Area: Contracts | Damages
    Industry: Automotive | Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Dosier Williams Winfield (Law Offices of Elizabeth Williams Winfield LLC), Peachtree City; Hugh Wood (Wood & Meredith LLP), Atlanta, for appellant.
    for defendant: Vivian Uchitel (Simpson Law Offices LLP), Atlanta, for appellee.

    Case Number: A18A0574

    The Court affirmed the $128,972.90 award to plaintiff in its breach-of-contract action, as the person who signed the contract on defendant's behalf was authorized to do so and there was evidence supporting the amount of the award.

  • ODwyer v. Schuller

    Publication Date: 2018-05-07
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Sabrina Parker (Parker Law Firm), Norcross, for appellant.
    for defendant: Joseph Schuller, Johns Creek, for appellee.

    Case Number: A18A0710

    The Court affirmed the trial court's decision granting father's petition to modify child custody, as there was some evidence supporting the trial court's finding of a material change in circumstances warranting a change in custody from mother to father.

  • Lynn v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Donald Samuel (Garland Samuel & Loeb PC), Atlanta, for appellant.
    for defendant: Michael Mahoney (Office of the District Attorney, Bell-Forsyth Judicial Circuit), Cumming, for appellee.

    Case Number: A17A2117

    The trial court reversibly erred in excluding certain testimony as hearsay, because the evidence was not hearsay, as it was not offered to prove the truth of the matter asserted but rather to show its effect on defendant's state of mind and its impact on his later actions; the evidence was relevant; and it was not cumulative of other admitted evidence.

  • Almassud v. Mezquital

    Publication Date: 2018-05-04
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander (Holland & Knight), Atlanta; Trevor Hiestand (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet (Brodhead Law LLC), Atlanta, for appellee. J. Pierce (Pierce & Dunkelberger), Atlanta, for other party.

    Case Number: A17A2119

    Trial Court Should Have Instructed Jury on Defendant's Theory That Alleged Negligence Per Se was Unknowing and Unintentional

  • Gonzales v. The State

    Publication Date: 2018-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Brian Steel (The Steel Law Firm PC), Atlanta, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Gerald Mason (DeKalb County District Attorney's Office), Decatur, for appellee.

    Case Number: A17A1857

    Defense Counsel Was Constitutionally Ineffective For Failing to Ask Child Victim's Mother Her Opinion About Child's Truthfulness

  • Hernandez-Ramirez v. The State

    Publication Date: 2018-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Walker (GPDSC Athens Regional Conflict Defender Office), Athens, for appellant.
    for defendant: David White (District Attorney), Hartwell; Meghan Bowden (Northern Judicial Circuit District Attorney's Office), Elberton, for appellee.

    Case Number: A18A0037

    Pro Se Motion to Withdraw Plea Was Nullity Where Defendant Was Represented By Counsel When He Filed His Motion

  • Erickson v. Bank Of America, N. A. et al.

    Publication Date: 2018-05-03
    Practice Area: Creditors' and Debtors' Rights | Real Estate
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Sarah Erickson, Marietta, for appellant.
    for defendant: Jarrod Mendel (McGuire Woods LLP), Atlanta, for appellee.

    Case Number: A17A1839

    The trial court erred in granting summary judgment to bank on its complaint for declaratory judgment and equitable reformation of a security deed because it was no longer the holder of the security deed that provided the basis for its complaint and thus lacked standing to pursue those claims.