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  • Morgan v. Johns

    Publication Date: 2005-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Justin B. Grubbs Shepherd & Johnston LLP, Griffin, for appellant.
    for defendant: Robert H. Stansfield, Covington, for appellees.
    Case Number: A05A0810

    The superior court had no jurisdiction over the appellees' request to prevent the executrix of their father's estate from withdrawing or otherwise using certain funds pending the outcome of a chall

  • Brad Bradford Inc. v. Callaway

    Publication Date: 2005-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Michael L. Wetzel Michael L. Wetzel & Assocs. PC, Bogart, for appellant.
    for defendant: . Peter J. Pearson, Atlanta, and Raymond T. Brooks Jr., Duluth, for appellee.
    Case Number: A05A1212

    Some evidence authorized the trial court to find that the defendant was aware that the place in which plaintiff fell into a hole covered by pine straw was in the part of an area of its apartment com

  • VATACS Group Inc. v. HomeSide Lending Inc.

    Publication Date: 2005-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thomas E. Cauthorn III, Justin B. O'Dell and Melissa M. Nohr Cauthorn & Nohr, Marietta, for appellant.
    for defendant: . Frederic S. Beloin and Charles W. Brown Beloin & Assocs., Atlanta, for appellee. Other party representation: Beth E. Rogers Frank X. Moore & Assocs., Lewis E. Hassett Morris, Manning & Martin LLP, Atlanta, and David S. DeLugas, Marietta.
    Case Number: A05A2032

    Laches-an equitable doctrine-is not a proper defense to a petition for declaratory judgment, which is an action a

  • Fay v. Custom One Homes LLC

    Publication Date: 2005-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Russell D. King Dupree, Johnson, Poole & King, Marietta, for appellant.
    for defendant: Tara C. Riddle and Eldon L. Basham Moore, Ingram, Johnson & Steele LLP, Marietta, for appellees.
    Case Number: A05A1519

    The Statute of Frauds, as set forth in O.C.G.A. § 13-5-30 4, did not bar the plaintiff's corporate ownership claim based on an oral agreement as a matter of law, because the defendants admitted thro

  • Wilson v. Prudential Indus. Properties LLC

    Publication Date: 2005-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert J. Mottern, Atlanta, for appellant.
    for defendant: Thomas E. Reilly and Andrea D. Blohm Troutman Sanders LLP, Atlanta, for appellee.
    Case Number: A05A1455

    Some evidence showed that the appellee/creditor bought the appellant's former property at a foreclosure sale for a price that was equal to or in excess of the property's true

  • Cochran v. Mullinax

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Benjamin L. Bagwell, Gainesville, for appellant.
    for defendant: William S. Hardman, Gainesville, for appellee.
    Case Number: A05A0889

    The residential home developer failed to show how he was damaged when the defendant posted a large sign on his adjoining property warning potential home buyers that living next to the defendant's po

  • Studio X v. Weener

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Mike D. Harrison, Marietta, and Jeffrey M. Smith Greenberg Traurig LLP, Atlanta, for appellant.
    for defendant: James T. McDonald Jr. Swift, Currie, McGee & Hiers, and David B. Meltz John Marshall Law Sch., Atlanta, for appellees.
    Case Number: A05A1316

    The plaintiffs failed to show that the defendants committed legal malpractice in attempting to exercise the plain right of first refusal on property, which the lease did not obligate the plai

  • Croft v. Fairfield Plantation Property Owners Assoc. Inc.

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William D. Croft, Douglasville, proceeded pro se. Stephen A. Winter, Louis R. Cohan, Robert M. Sneed Jr. Weinstock & Scavo PC, and Derek W. Johanson Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellees.
    for defendant:
    Case Number: A05A1029

    The interest in real property that a purchaser acquires through a tax sale is sufficient to render him liable for homeowners' association assessments contained in restrictive covenants that run with

  • Legacy Inv. Group LLC v. Kenn

    Publication Date: 2005-11-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: David H. Flint and Mark W. Forsling Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: Overtis H. Brantley, Steven E. Rosenberg and Valerie A. Ross, Fulton County Attorney's Office, Atlanta, for appellees.
    Case Number: S05A0989

    A question remained as to whether the plaintiff could feasibly develop 41 acres in south Fulton county under the county's existing zoning ordi

  • Chhina Family Partnership LP v. S.K. Group of Motels Inc.

    Publication Date: 2005-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael C. Hall, Albany, for appellant.
    for defendant: . Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellee.
    Case Number: A05A0926

    Merger clause in a sales contract for the purchase of a motel did not defeat the buyer's fraud claim, since the buyer based that claim on misrepresentations contained in the contract i