• Hartman v. The PIP-Group, LLC

    Publication Date: 2019-04-17
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Clyde, (Kilpatrick Townsend & Stockton LLP), Atlanta, appellant.
    for defendant: David Klein, (Rountree & Leitman, LLC), Atlanta, for appellee.

    Case Number: A18A1529

    Court Affirms Dismissal of Suit for Breach of Contract but Reverses Order Enjoining Unsuccessful Plaintiff from Speaking About Defendant in the Future

  • Parke Towne North Apartments, LLC et al. v. Castro et al.

    Publication Date: 2019-04-17
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Glenn Bass, Trisha Godsey, (Scrudder Bass Quillian Horlock Taylor & Lazarus), Atlanta, for appellant.
    for defendant: Eric Rogers, Michael Goldberg, Nathan Gaffney, (Fried Rogers Goldberg LLC), Atlanta, Steven Litner, (Litner + Deganian PC), Atlanta, for appellee.

    Case Number: A18A1985

    Court Affirms Order Denying Summary Judgment Where Partner of Plaintiff Fell to Death from Balcony with Guardrails That Did Not Meet Building Code and Defendant Claimed Non-Compliant Guardrails Were Grandfathered In

  • Heath v. The State

    Publication Date: 2019-04-08
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Joshua Smith, Natalie Paine, (District Attorney's Office), Augusta, for appellee.

    Case Number: A18A2112

    Vehicular homicide conviction reversed due to trial counsel's failure to file a general demurrer to a defective indictment

  • Byrd v. Robinson

    Publication Date: 2019-04-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Herschel Byrd, (Calhoun State Prison), Morgan, for appellant.
    for defendant: Paula Rafferty, Tina Robinson, (Fulton County Attorney's Office), Atlanta, for appellee.

    Case Number: A18A1485

    Appellate court declines to exercise original jurisdiction over mandamus petition

  • Cook v. Smith et al.

    Publication Date: 2019-04-05
    Practice Area: Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Maurice King, (Law Offices Of Maurice Luther King, Jr., P.C.), Albany, for appellant.
    for defendant: Grant McBride, Janet Scott, (Smith, Welch, Webb & White, LLC), McDonough, Wilbur Gamble, (Collier & Gamble, LLP), Dawson, Larry Mims, (Attorney At Law), Tifton, for appellee.

    Case Number: A18A1481

    Board of Educations action against other Board members was barred by sovereign immunity

  • Bailey v. Maner Builders Supply Company, LLC

    Publication Date: 2019-04-04
    Practice Area: Damages
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: A18A1785

    Attorney fee award vacated due to lack of specificity

  • Ford v. Ford

    Publication Date: 2019-04-03
    Practice Area: Attorney Compensation | Civil Appeals | Family Law
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Ford, (James Lee Ford, P.C.), Atlanta, Jim Peterson, (Peterson & Harris, P.C.), Atlanta, for appellant.
    for defendant: Elizabeth Lindsey, (Davis Matthews & Quigley), Atlanta, for appellee.

    Case Number: A18A1688

    Appeals Court Could Address Issue Subsumed in Party's Sufficiency-of-Evidence Challenge

  • Woods v. Stonecipher

    Publication Date: 2019-03-21
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Lindsay, (Townley & Lindsay, LLC), Rossville, appellant.
    for defendant: Adam Cathey, (Law Office of Adam C. Cathey), Ringgold, for appellee. Zenade Blalock, Rossville, Robert Stultz, (Attorney at Law), Ft. Oglethorpe, for other party.

    Case Number: A18A2104

    Estate liable for mortgage debt on a house that passed to a surviving tenant outside of a will

  • Nayyar et al. v. Bhatia

    Publication Date: 2019-03-21
    Practice Area: Contractual Disputes | Corporate Governance
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Roy Banerjee, Angelina Kim, (Kumar, Prabhu, Patel & Banerjee, L.L.C.), Atlanta, for appellant.
    for defendant: Charles Miller, (Charles W. Miller, P.C.), Columbus, John Kennedy, (James-Bates-Brannan-Groover, LLP), Macon, for appellee.

    Case Number: A18A1968

    No trial court error in appointing a receiver for a business that was subject to a partnership dispute.

  • In The Interest of A. P., a child.

    Publication Date: 2019-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Randee Waldman, (Emory University School of Law Barton Juvenile Defender Clinic), Atlanta, for appellant.
    for defendant: Sherry Boston, Deborah Wellborn, (Dekalb County District Attorney), Decatur, for appellee.

    Case Number: A18A1682

    Court Affirms Adjudication of Juvenile Who Was Alleged to Have Possessed Illegal Handgun That Was Never Introduced as Evidence