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  • Kim v. First Intercontinental Bank

    Publication Date: 2014-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: William Trotter, Augusta, for appellant.
    for defendant: Allison Jett Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellee.
    Case Number: A13A1628

    Equitable subrogation provides that, where it was the parties' intent to substitute a new creditor's rights for the rights of a creditor that is being paid off, the new creditor steps into the shoes

  • In the Interest of B. W.

    Publication Date: 2014-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Joshua Smith, Dalton, for appellant.
    for defendant: mother. Kermit McManus, Dalton, for appellant-father. Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Calandra Harps, Assistant Attorney General, Atlanta, and Rodney Quarles, Chatsworth, for appellee. Other party representation: William Barnwell Avrett, Ponder & Withrock, Dalton.
    Case Number: A13A2233; A13A2234

    Clear and convincing evidence supported the termination of the parents' rights to their 9-year-ol

  • In the Interest of C. M. and I. M.

    Publication Date: 2014-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Robert Bearden, Macon, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and James Patterson, Forsyth, for appellee.
    Case Number: A13A1942

    The trial court properly determined that terminating the mother's parental rights was in the best interest of the children, as evidence supported the conclusion that the children were deprived and t

  • King v. GenOn Energy Holdings Inc.

    Publication Date: 2013-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Joseph King, Atlanta, for appellant.
    for defendant: Benjamin Byrd and Michael Reeves Friend, Hudak & Harris LLP, Atlanta, for appellee.
    Case Number: A13A0305

    The plaintiff was not entitled to a promised severance payment following the termination of his employment, since the plaintiff continued to work for his employer's affiliate after the termination d

  • RES-GA LJY LLC v. Y. D. I. Inc.

    Publication Date: 2013-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Andrea Pawlak, Kevin Ward Schulten Ward & Turner, Irene Vander Els, and Chelsea Dennis Hartman Simons & Wood LLP, Atlanta, for appellant.
    for defendant: William Cable Talley, Richardson & Cable, Dallas, for appellees.
    Case Number: A13A0188

    Evidence that the plaintiff acted in good faith in relying on an appraisal to sell the property for less than its true market value at foreclosure did not compel the trial court to find good cause f

  • In the Interest of R. G.

    Publication Date: 2013-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Patrick Calcutt, Americus, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Calandra Harps, Assistant Attorney General, Atlanta, and James Hurt, Cordele, for appellee.
    Case Number: A13A0689

    Evidence that the mother failed to comply with a previously ordered plan to reunite the family, she continued to live with her drug-supplier boyfriend and use illegal drugs, she had not obtained a s

  • In the Interest of L. K.

    Publication Date: 2013-06-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Brian Condon and Jodie Wasson Office of the Child Advocate Attorney, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and Robert Hall, Roswell, for appellee. Other party representation: Reginald Williams Renaissance Events Inc. and Diana Johnson, Atlanta.
    Case Number: A13A0211

    The isolated instance wherein the child was without supervision due to the mother's emergency hospitalization did not constitute parental unfitness authorizing a finding of deprivation and severance

  • Lacy v. Lacy

    Publication Date: 2013-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Oxford, Greensboro, for appellant.
    for defendant: Brenda Trammell, Madison, for appellee.
    Case Number: A12A2261; A12A2262; A12A2341

    The judgment awarding the mother $1.5K in attorneys' fees in the parties' custody dispute was vacated and the case remanded for a statement of the statutory basis for the award and any finding that

  • Cox v. Mayan Lagoon Estates Ltd.; Cox v. Constantino

    Publication Date: 2012-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Tribble The Barnes Law Group LLC, Marietta, for appellant.
    for defendant: Gregory Schultz, Deborah Livesay Taylor English Duma LLP, and Jonathan Crumly Maner Crumly Chambliss LLP, Atlanta, for appellees. Frank Constantino, Rock Springs, proceeded pro se.
    Case Number: A12A1062; A12A1063

    A proposed settlement was admissible for the limited purpose of showing whether the individual defendant was the agent of two corporate defen

  • Moore v. Camara

    Publication Date: 2012-09-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John Walker Walker Hulbert Gray Byrd LLP, Perry, for appellant.
    for defendant: Trevor Hiestand Harper, Waldon & Craig, Atlanta, Rufus Sams and Renee Rainey Jones Cork & Miller LLP, Macon, for appellees.
    Case Number: A12A0899

    The plaintiff failed to support his negligence claim after the defendant struck him with his car while the plaintiff was walking alongside an inter