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  • McKenna v. Capital Resource Partners IV LP

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Laura M. Shamp Brown & Shamp, Atlanta, for appellant.
    for defendant: . Daniel G. Ashburn Powell Goldstein LLP, Mathew N. Foree, Charles W. Ingraham Seyfarth Shaw LLP, Atlanta, William L. Prickett, Jay B. Kesten and Erik Weibust Seyfarth Shaw LLP, Boston, Mass., for appellees.
    Case Number: A07A0342

    Questions of fact remained as to whether the parties' verbal agreement for the sale of stock, settlement of the plaintiffs' breach of fiduciary duty claims and cancellation of the first plaintiff's

  • Effingham County Bd. of Commissioners v. Effingham County Indus. Dev. Auth.

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Eric R. Gotwalt Zipperer, Lorberbaum & Beauvais, Savannah, for appellant.
    for defendant: Claude M. Kicklighter Jr. Ratchford & Kicklighter LLP, Springfield, O. Hale Almand Jr. Almand & Wiggins, Macon, and Noble L. Boykin Jr. Jones, Boykin, Stacy & Assocs., Savannah, for appellee.
    Case Number: A07A0090

    The trial court's judgment grant of the county industrial development authority's petition against the county board of commissioners "board" for a declaration that the authority ' "is a public entit

  • Tommy McBride Realty Inc. v. Nicholson

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: B. Ray Woodard Woodard & Butler, Augusta, for appellant.
    for defendant: J. Taylor Anderson III Nicholson Revell LLP, Augusta, for appellee.
    Case Number: A07A0821

    A broker did not breach its obligation of good faith when it failed to accept less than the full 10 commission for the property's sale due pursuant to a leasing/management agreement, even though the

  • Johnson v. Unified Residential Dev. Co. Inc.

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Warren R. Power and Michael P. Bain Power, Futch & Cooper PC, McDonough, for appellant.
    for defendant: . David H. Flint and Mark W. Forsling Schreeder, Wheeler & Flint LLP, Atlanta, for appellee.
    Case Number: A07A0474

    The contracts between the plaintiff and the defendants for the purchase/sale of two contiguous properties in Henry county were not option contracts, since the plaintiff did not have complete discre

  • Godley Park Homeowners Assoc. Inc. v. Bowen

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Joshua D. Walker, Malcom Mackenzie III and Anthony R. Casella Weiner Shearouse Weitz, Savannah, for appellant.
    for defendant: Mathew M. McCoy McCorkle, Pedigo and Johnson LLP, Savannah, for appellee.
    Case Number: A07A0530

    Allowing the plaintiff to erect a "For Sale" sign at her residence in a subdivision was contrary to the express terms of the subdivision's governing restrictive cove

  • Kendall Supply Inc. v. Pearson Communities Inc.

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Russell T. Bryant, Lawrenceville, for appellant.
    for defendant: Fred D. Bentley Jr., Marietta, for appellees,
    Case Number: A07A0588

    The plaintiff could not collect on his judgment for a materialman's lien, since he failed to pay the proper filing fees within 14 days of initiating his suit as O.C.G.A. § 15-6-77 f 1 A req

  • Roberts v. Coldwell Banker Kinard Realty

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brian M. House, Ringgold, for Jonathan Roberts. Lawrence A. Stagg, Ringgold, for Angela Roberts. Stephen B. Farrow Minor, Bell and Neal PC, Dalton, for appellee.
    for defendant:
    Case Number: A07A0248; A07A0330

    The plaintiff was not entitled to collect $18K in commission for the sale of the defendants' home, since the evidence did not show that the plaintiff introduced the property to the buyers when the

  • Newton County Home Bldrs. Ass'n Inc. v. Newton County

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Travis C. Hargrove and Deron R. Hicks Page, Scrantom, Tucker & Ford, Columbus, for appellant.
    for defendant: . William T. Craig, Covington, J. Anderson Davis, Norman S. Fletcher Brinson, Askew, Berry, Siegler, Richardson & Davis, Rome, and Edward D. Tolley Cook, Noell, Tolley, Bates & Michael, Athens, for appellee.
    Case Number: A07A1152

    Homebuilders associations lacked standing to recover impact fees for their individual members, since they were seeking monetary damages not common to the entire membership nor shared in equal d

  • Reny v. Sneed

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kenneth A. Tapscott and John G. Valente Valente & Assocs., Alpharetta, for appellant.
    for defendant: . Dana B. Miles and Kevin J. McDonough Miles, McGoff & Moore LLC, Cumming, for appellee.
    Case Number: A07A1083

    The defendant waived the contract's expiration when he noted in writing that he accepted the offer two days after the expiration

  • JD Design Group Inc. v. Graham

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas H. Hurt Hurt & Assocs., Cordele, and Sharon H. Reeves Jones, Cork & Miller, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Warren R. Calvert , Senior Assistant Attorney General, Michele M. Young, Daniel M. Formby and R. O. Lerer, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S07G0111

    The taxpayer failed to protect itself from liability for its predecessor's delinquent sales and use taxes when it purchased substantially all of the predecessor's a