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  • Simms v. Stewart

    Publication Date: 2023-11-08
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Julie Liberman, (Julie A. Liberman, LLC), Marietta, Lisa Rose, (Rose Litigation, LLC), Marietta, for appellant.
    for defendant: Stuart Bagley, (Attorney at Law), Marietta, Dwight Stewart, Bloomfield, for appellee.
    Case Number: A23A0633

    Court reverses jury verdict cancelling a quitclaim deed and orders new trial in dispute over whether a property transfer was an inter vivos gift or a transfer with an intent to sell.

  • Talboy v. Dukes

    Publication Date: 2023-10-30
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Carol Clark, (Carol Clark Law), Atlanta, James McClung, (Attorney at Law), Atlanta, John Sparks, (Austin & Sparks, P.C.), Atlanta, for appellant.
    for defendant: J. Hord, (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellee.
    Case Number: A23A1068

    Court affirms dismissal of prescriptive easement claim for an underground sewer line because the line was not public and apparent to others

  • Pineda v. Lewis et al.

    Publication Date: 2023-10-26
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Husser, (Husser & Husser, P.C.), Rome, for appellant.
    for defendant: Melissa Hise, (Palmour Law Firm), Summerville, Albert Palmour, (Attorney at Law), Summerville, Albert Palmour, Summerville, for appellee.
    Case Number: A23A0909

    Court reverses probate court's grant of private way because party seeking that right did not establish a prescriptive right but only a historical permissive use of a shared driveway

  • Amisano v. Cross Creek Condominium Association, Inc.

    Publication Date: 2023-10-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Amelia Phillips, (Phillips Law, LLC), Alpharetta, for appellant.
    for defendant: Jason LoMonaco, Daniel Moore, Victoria Baggett, (NowackHoward, LLC), Atlanta, for appellee.
    Case Number: A23A1088

    Default Should Have Been Set Aside Where Absent Defendant Never Received Clerk-Mailed Notice of Publication, Order, and Complaint

  • In re Estate of Marvin Mobley, Jr., Deceased

    Publication Date: 2023-10-18
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Wesley Taulbee, (Clay Taulbee & Myers, LLC), Statesboro, for appellant.
    for defendant: Nancy DeVetter, (DeVetter Law Firm), Tybee Island, for appellee; Julianne Glisson, (Weiner Shearhouse Weitz Greenberg & Shawe LLP), Savannah, Joshua Mobley, Alexandria, Kiondra Mobley, Yigo, Marion Mobley, Savannah, for other party.
    Case Number: A23A0827

    Court affirms probate court order that two adult children did not prove by clear and convincing evidence that a decedent who died intestate was their father

  • 400 Edgewood, LLC v. City of Atlanta

    Publication Date: 2023-10-09
    Practice Area: Land Use and Planning | Real Estate
    Industry: Automotive | Real Estate | Retail
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Michael Bowers, Lucas Boggs, (Johnson Marlowe LLP), Athens, Kenneth Newby, Nicholas Bacon, (Newby Law Group, LLC), Atlanta, for appellant.
    for defendant: Raines Carter, Pat Dixon, Sharon Dickson, Cassandra Ford, (City of Atlanta Solicitor’s Office), Atlanta, Pat Dixon, (Dixon & Dixon Attorneys at Law LLC), Atlanta, for appellee.
    Case Number: A23A0903

    Municipal Court Lacked Authority to Place Restrictions and Requirements on Operation of Gas Station and Convenience Store

  • Sheffield v. Jekyll Island State Park Authority

    Publication Date: 2023-10-09
    Practice Area: Premises Liability | Real Estate
    Industry: Entertainment and Leisure | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Ross Evans, (CBxMU PLLC), St. Augustine, for appellant.
    for defendant: Ronald Boyter. Christopher Carr, Christina Waide, Kathleen Pacious, Angela Cusimano, (Attorney General’s Office, GA), Atlanta, for appellee.
    Case Number: A23A1023

    Premises Liability Plaintiff's Conclusory and Speculative Factual Allegations Insufficient to Defeat Summary Judgment

  • Budd v. The Lamar Company, LLC

    Publication Date: 2023-10-05
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Steven Blackerby, (Brown, Readdick, Bumgartner), Brunswick, for appellant.
    for defendant: Christopher Jordan, (HunterMaclean), St Simons Island, Taylor Dove, (HunterMacLean), Savannah, for appellee.
    Case Number: A23A1438

    A new billboard lease that was entered after execution of a security deed on the underlying property was extinguished when the property was sold following a foreclosure

  • Wise Business Forms, Inc. v. Forsyth County et al.

    Publication Date: 2023-10-05
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: George E. Butler, II, (Law Offices of George E. Butler II, LLC), Dahlonega, for appellant.
    for defendant: Christopher M. Carr, Julie Adams Jacobs, Alkesh Bhanuprasad Patel, Logan B. Winkles, (Department of Law), Atlanta, Christopher J. Hamilton, Gregory Aaron Meyer, (Jarrard & Davis, LLP), Cumming, Luther Harold Beck, Jr., Mary Josephine Leddy Volkert, John Harold Zwald, (Beck Zwald & Associates LLC), Buford, for appellee.
    Case Number: S22G0874

    Claim For Inverse Condemnation by Permanent Nuisance Accrued When Property Owner First Discovered Damage

  • Flat Creek Falls, LLC v. Labat, Solely in his Capacity as Sheriff of Fulton County et al.

    Publication Date: 2023-09-19
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: John Clark, (Clark Caskey, LLC), Atlanta, for appellant.
    for defendant: William Sams, (W. Shannon Sams Law, P.C.), Atlanta, Victoria Kealy, Thomas Whitley, (Office of the Fulton County Attorney), Atlanta, Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, Bradley Hutchins, (Weissman, PC), Atlanta, Joshua Adams, (Internal Revenue Service), Seattle, for appellee.
    Case Number: A23A1145

    City's Lien Against Real Property Could Not Be Satisfied From Excess Funds Remaining After Tax Sale