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  • In the Interest of D. T. A.

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Todd L. Ray McDonald, Kinnamon & Thames, and Joshua J. Smith, Dalton, for appellant. Curtis A. Kleem McCamy, Phillips, Tuggle & Fordham LLP, Dalton, for appellee.
    for defendant:
    Case Number: A11A1112

    The Court vacated the termination of the mother's parental rights because the juvenile court failed to make sufficiently explicit findings as to the likelihood of serious harm from the children's co

  • Blackmore v. Blackmore

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Nancy I. Jordan Brock, Clay, Calhoun & Rogers PC and Debbie C. Pelerose, Marietta, for appellant. Stephen C. Steele Moore, Ingram, Johnson & Steele LLC, Marietta, for appellee.
    for defendant:
    Case Number: A11A1277; A11A1526

    Because the mother's increased visitation did not exceed the time of cu allowed to the father, it did not amount to a de facto change of cu

  • State v. Woods

    Publication Date: 2011-09-16
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    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, and Kenya K. Johnson, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Larry D. Wolfe and Dennis C. Francis Jr., Atlanta, for appellees.
    Case Number: A11A1199

    Both defendants had a reasonable expectation of privacy in the motel room in question and the safe where police found crack co

  • Nunnally v. State

    Publication Date: 2011-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jon C. Rhoades, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Lynda S. Caldwell, Assistant District Attorney, LaGrange, for appellee.
    Case Number: A11A1159

    The trial court erred in denying the defendant's motion to quash his indictment, as the plain language of O.C.G.A. § 17-7-50.1 mandated the transfer of his case to the juvenile court because he was

  • Mayor & Aldermen of the City of Savannah v. Batson-Cook Co.

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Andrew D. Shore, Gregory K. Morgan, Elizabeth B. Hodges Phillips & Morgan LLP, Atlanta, James B. Blackburn and Peter A. Giusti, Savannah, for appellant.
    for defendant: Charles J. Willis, Mark L. Degennaro Willis, McKenzie, Degennaro & Alford LLP, LaGrange, Robert S. Glenn Jr. Ellis, Painter, Ratterree & Adams, Stanley Karsman Savage, Turner, Pinson & Karsman, Savannah, and Brian J. Vella Smith, Pachte, McWhorter PLC, Vienna, Va., for appellees.
    Case Number: A11A0768

    The trial court did not err in denying the city's motion to recuse the trial judge because the city's factual assertions did not demonstrate that the judge's impartiality might reasonably be quest

  • Hendricks v. Dupree

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Richard K. Strickland Brown Readdick Bumgartner Carter, Brunswick, for appellant.
    for defendant: Jean E. Johnson Jr. and Willard T. Bullock IV, Marietta, for appellee.
    Case Number: A11A0973

    A county road superintendant was entitled to qualified immunity in personal injur on as the work of cutting back vegetation along a roadway is a discretionar

  • Amirfazli v. Vatacs Group Inc.

    Publication Date: 2011-08-05
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Amelia T. Phillips Phillips Law LLC, Alpharetta, for Amirfazli. Ronald S. Stevens and Jillian Harmon Stevens & Stevens LLC, Atlanta, for VATACS Group Inc.
    for defendant:
    Case Number: A11A1165, A11A1166

    The Court reversed an order setting aside a foreclosure as questions of fact remained regarding the validity and fairness of the

  • Davis v. Citimortgage Inc.

    Publication Date: 2011-04-22
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Lashunda Davis, Austell, proceeded pro se. Daniel K. Barbagelata McCurdy & Candler LLC, Atlanta, for appellee.
    for defendant:
    Case Number: A11A0421

    Claimed defects in the landlord's title to the premises cannot be raised as a defense in a dispossessory proce

  • In the Interest of D. M.

    Publication Date: 2011-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Stephen M. Reba Barton Juvenile Defender Clinic Emory University School of Law, and Joshua R. Drexler Ford & Harrison LLP, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Elisabeth G. MacNamara, Assistant District Attorney, and Shera' C. Grant District Attorney's Office, Decatur, for appellee.
    Case Number: A11A0021

    The offenses of carrying a pistol without a license and possession of a handgun by a minor di merge because each required proof of at least one fact the other di