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  • Iyer v. Prism Hsh Properties, LLC et al.

    Publication Date: 2024-12-24
    Practice Area: Corporate Entities | Family Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Jason Alloy, Edward Bedard, (Robbins Alloy Belinfante Littlefield LLC), Atlanta, James Hicks, (Nelson Mullins Riley & Scarborough LLP), Atlanta, for appellant.
    for defendant: Lea Dearing, (Berman Fink Van Horn P.C.), Atlanta, for appellee.
    Case Number: A24A1758

    Court reverses dismissal of corporate mismanagement claims and vacates attorney fee and expense award in a post-divorce business dispute

  • Lowe Construction and Development, LLC et al. v. Hudgins et al.

    Publication Date: 2024-12-23
    Practice Area: Dispute Resolution | Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: P. Freed, George Green, Zachary Waldrop, (Freeman Mathis & Gary LLP), Atlanta, for appellant.
    for defendant: Eugene Benton, (Benton & Preston, P.C.), Monroe, William Waters, (Ballard, Stephenson & Waters), Covington, for appellee; Brian Linkowski, (Fidelity National Law Group), Atlanta, Thomas Richelo, (Richelo Law Group LLC), Atlanta, Kevin Epps, (Epps, Holloway, DeLoach & Hoipkemier, LLC), Watkinsville, for other party.
    Case Number: A24A1647

    Court reverses denial of a motion to compel arbitration in property boundary dispute, emphasizing broad scope of arbitration clause in a land purchase agreement

  • Nofree, LLC v. The State of Georgia

    Publication Date: 2024-12-23
    Practice Area: Environmental Law | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Melinda White, Brunswick, Brian Lea, David Nahmias, Sarah Welch, (Jones Day), Atlanta, William Ligon, (Ligon, Middleton & Lindberg, P.C.), Brunswick, Lloyd Murray, (Lloyd D. Murray, Sr., Attorney at Law), Richmond Hill, for appellant.
    for defendant: Christopher Carr, Margaret Eckrote, Andrea Hartung, Robin Leigh, (Attorney General), Atlanta, James Chamberlin, (Attorney at Law), Brunswick, for appellee; Charles Dixon, (Attorney at Law), Richmond Hill, Tiffany Billings, (Atlantic Circuit Superior Court), Hinesville, for other party.
    Case Number: A24A0969

    Court rules marshland title remains with the State under Protection of Tidewaters Act, notwithstanding contradictory land grant that purported to divest land to a private owner

  • In the Matter of Eston William Hood, Jr.

    Publication Date: 2024-12-20
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Wolanda R. Shelton, Andreea N. Morrison, Paula J. Frederick, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: James E. Spence, Jr., (Wilson, Morton & Downs, LLC), Decatur, for appellee; Catherine Koura, (Constangy, Brooks, Smith & Prophete, LLP), Atlanta, John Ryd Bush Long, (John R. B. Long, P.C.), Augusta, for other party.
    Case Number: S24Y1267

    Court issues atwo-year suspension of an attorney's law license for unauthorized practice of law and false statements during Bar investigations

  • Brimar Enterprises, LLC v. Montgomery et al.

    Publication Date: 2024-12-17
    Practice Area: Consumer Protection | Elder Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Shane Stogner, (Stogner Law, LLC), Marietta, for appellant.
    for defendant: Stacy Reynolds, (Atlanta Legal Aid Society), Atlanta, for appellee.
    Case Number: A24A0691

    Court Affirms Default and Summary Judgments Against Lender and Its Owner in Elder Exploitation and Fraud Case

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    Lancaster County & Berks County Court Rules 2024

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  • Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLC

    Publication Date: 2024-12-12
    Practice Area: Damages | Evidence
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Chief Justice Boggs
    Attorneys: For plaintiff: Frank Mitchell Lowrey, Edwin Allen Page, (Bondurant, Mixson & Elmore, LLP), Atlanta, John A. Christy, Jonathan Andrew Akins, (Schreeder Wheeler & Flint, LLP), Atlanta, for appellant.
    for defendant: Max Paul Marks, Aaron Karl Block, (The Block Firm LLC), Atlanta, for appellee.
    Case Number: S23G1162

    Court vacates and remands affirmation of a punitive damages award in a commercial lease dispute for assessment of admissibility of settlement statements on a punitive damages claim

  • Allen et al. v. Harris

    Publication Date: 2024-12-11
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Kevin Bahr, (Kevin J. Bahr, P.C.), Atlanta, Melissa McMullen, Brian Neary, (Webb Zschunke Neary & Dikeman, LLP), Atlanta, for appellant.
    for defendant: Todd Poole, (Poole Huffman, LLC), Tucker, Scott McMahan, (Poole Huffman, LLC), Decatur, for appellee.
    Case Number: A24A0822

    Court reverses denial of of sellers' summary judgment motion in a home defect and fraud case, concluding that buyer could not show fraud or negligence for lack of disclosure of water intrusion

  • Lincoln County v. Serenity Builders And Development, LLC et al.

    Publication Date: 2024-12-11
    Practice Area: Public Utilities | Tax
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Benjamin Jackson, Lincolnton, John Long, (TuckerLong, P.C.), Augusta, for appellant.
    for defendant: John Czura, (Attorney at Law), Evans, Jeffrey Peil, (Huggins Peil, LLC), Evans, for appellee.
    Case Number: A24A0825

    Court affirms ruling that Lincoln County's water availability assessment on undeveloped property Is an illegal tax and vacates ruling ordering property owners to continue payments

  • First Communities Management, Inc. v. Tearria Byrd

    Publication Date: 2024-12-10
    Practice Area: Landlord Tenant Law | Wrongful Death
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Sara Galloway, Ronald Masterson, Michael DiOrio, Brittany DeDiego, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellant.
    for defendant: Michael Rafi, Alan Stagmeier, Alexander Brown, (Rafi Law Firm LLC), Atlanta, for appellee; Austin Atkinson, Pearson Cunningham, (Hall Booth Smith), Atlanta, for AM.
    Case Number: A24A0937

    Court affirms that exculpatory clauses in leases purporting to waive landlord liability for third party criminal acts are void and unenforceable as against public policy

  • Lee v. Deutsche Bank National Trust Company

    Publication Date: 2024-12-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Walter Adams, James Yancey, (Attorney at Law), Brunswick, for appellant.
    for defendant: Monika Scott, (Fidelity National Law Group), Atlanta, James Yancey, (James A. Yancey, Jr,. Attorney at Law, P.C.), Brunswick, Bret Chaness, (Rubin Lublin, LLC), Peachtree Corners, for appellee.
    Case Number: A24A0514

    Court reverses summary judgment that had been in favor of a holder of a security interest on quiet title and declaratory judgment claims, finding a factual dispute over deed authenticity