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  • Gyllstrom et al. v. The Blue Stone Condominium Association, Inc. et al.

    Publication Date: 2024-07-19
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: George Kimel, (Attorney at Law), Norcross, Julie Liberman, (Julie A. Liberman, LLC), Marietta, for appellant.
    for defendant: Linda Pollock, Joanna Eljazzar, (Lazega & Johanson), Atlanta, for appellee.
    Case Number: A24A0550

    Court reverses dismissal of complaint in a dispute over a condominium Board's actions, finding that the Board had waived dispute resolution procedures by its action in declaring the matter closed

  • In the Matter of Diana Y. McDonald.

    Publication Date: 2024-07-16
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S23Y1195

    Court dismisses attorney's petition to retire from legal practice and instead orders disbarment due to multiple ethical violations involving misuse of client funds

  • Omstead v. BPG Inspection, LLC et al.

    Publication Date: 2024-07-15
    Practice Area: Contracts | Wrongful Death
    Industry: Construction
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: James Darren Summerville, Kristopher Robert Alderman, (The Summerville Firm, LLC), Atlanta, Lance D. Lourie, Stephen Roberts Chance, Andrew John King, (Lourie Chance Forlines Carter & King, PC), Atlanta, for appellant.
    for defendant: Leah Ward Sears, Edward Davison Burch, Jr., Edward H. Wasmuth, Jr., (Smith, Gambrell & Russell, LLP), Atlanta, Charles Samuel Conerly, (Smith Conerly, LLP), Carrollton, for appellee; Meagan Myers Hanson, (Georgians For Lawsuit Reform), Atlanta, Atlanta,, Kevin Bradford Sears, (Kilpatrick Townsend & Stockton LLP), Atlanta, for Amicus Appellee; Madeleine Norine Simmons, (Stewart Miller Simmons), Atlanta, Madeline Elizabeth McNeeley, (Harris Lowry Manton LLP), Brookhaven, Caleb Frank Walker, (The McArthur Law Firm), Macon, for Amicus Appellant.
    Case Number: S23G0771

    Court affirms enforceability of one-year contractual limitation for filing tort and contract suits against a contractor, holding that the limitation is not void as against public policy

  • Razavi v. Emily

    Publication Date: 2024-07-10
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Ehsan Razavi, Atlanta, Dale Montpelier, (The Garza Law Firm), Knoxville, for appellant.
    for defendant: Jay Shreenath, (Shreenath and Associates), Austell, for appellee.
    Case Number: A24A0289

    Court affirms findings of trespass finding and property rights but reverses damages award for conversion, and vacates attorney fees award with direction for clarification of basis of that award

  • Department of Transportation v. Star Land Holdings, LLC et al.

    Publication Date: 2024-07-09
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Carr, Logan Winkles, (Attorney General), Atlanta, Warren Power, (Power & Jaugstetter, P.C.), McDonough, Jacqueline Kennedy-Dvorak, Ruth Snell, (Power Snell, P.C.), McDonough, Amy Patterson, (Georgia Law Department), Atlanta, for appellant.
    for defendant: Jordan Walker, (Sever Storey Walker), Carmel, for appellee; Melanie Wilson, Tracy Lettsome, (Gwinnett County Department of Law), Lawrenceville, other party.
    Case Number: A24A0183

    Court affirms setting aside of declaration of taking due to DOT's non-compliance with property owner's rights under the the Landowner's Bill of Rights and Private Property Protection Act of 2006

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  • Apple Pie Ridge Homeowners Association, Inc. v. Andrews et al.

    Publication Date: 2024-07-04
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brandon Wagner, (Lueder Larkin & Hunter, LLC), Alpharetta, for appellant.
    for defendant: P. Freed, Brian Goldberg, (Freeman Mathis & Gary LLP), Atlanta, for appellee.
    Case Number: A24A0244

    Court affirms summary judgment favoring property owners in covenant dispute, deeming lots exempt from homeowners association's declaration

  • Pappas Restaurant, Inc. v. Welch et al.

    Publication Date: 2024-06-18
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Nicole Leet, Michael Rust, (Gray, Rust, St. Amand, Moffett & Brieske), Atlanta, Laurie Daniel, Atlanta, Nicholas Boyd, (Holland & Knight LLP), Atlanta, for appellant.
    for defendant: Naveen Ramachandrappa, Jennifer Peterson, Michael Terry, Frank Lowrey, (Bondurant, Mixson & Elmore LLP), Atlanta, Edward Wynn, James Sadd, (Slappey & Sadd, LLC), Atlanta, Aleksandra Bronsted, (Law Offices of Aleksandra Bronsted PC), Atlanta,, for appellee; Warner Fox, Christine Mast, Elliott Ream, (Hawkins Parnell & Young, LLP), Atlanta, for other party; Philip Thompson, (Ellis Painter Ratterree & Adams, LLP), Savannah, Bret Moore, (Bret Moore Law), Atlanta, for AM.
    Case Number: A21A1341

    Court affirms denial of summary judgment in wrongful death and negligence claims against restaurant and security company

  • In the Matter of James W. Davis, III.

    Publication Date: 2024-06-11
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William Van Hearnburg, Jr., Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: James W. Davis, Villa Rica, for appellee.
    Case Number: S23Y0622

    Court orders disbarment of an attorney who fraudulently intercepted and misappropriated a multi-million dollar insurance payment meant for a client

  • Pham et al. v. Buckhead Walk Association, LLC

    Publication Date: 2024-06-06
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Jonathan Barash, (Law Office of Jonathan A. Barash), Atlanta, William Cromwell, (Carter Cromwell Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Lori Christman, Louis Levenson, (Levenson & Associates), Atlanta, for appellee.
    Case Number: A24A0370

    Court vacates summary judgment order that had been in favor of a landlord in a dispossessory action for failure to hold an oral argument, notwithstanding withdrawal of request for argument

  • Mt. Nebo Baptist Life Center, Inc. v. Abbey Lending, LLC

    Publication Date: 2024-05-23
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Ronald Freeman, Chelsea Freeman Dease, Bobby Hill, (Johnson & Freeman, LLC), Union City, Gregory Taube, (Nelson Mullins Riley & Scarbrough, LLP), Atlanta, for appellant.
    for defendant: Jason Graham, (Graham Legal, LLC), Atlanta, Andrew Cameron, (Cameron Law, LLC), Atlanta, for appellee.
    Case Number: A24A0291

    Court affirms default judgment in dispossessory action and denies lessee's motion to open default, concluding that dispossessory statutes are clear in requiring a response in 7 days