• Chausmer et al. v. Gottlieb et al.

    Publication Date: 2022-11-21
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Aaron Chausmer, (Chausmer Law LLC), Atlanta, for appellant.
    for defendant: Darryl Haynes, (Lynn Leonard & Associates), Atlanta, for appellee.

    Case Number: A22A0620

    Court affirms summary judgment in favor of one property owner whose tree fell and damaged another owner's house, finding no evidence of knowledge of a defect

  • Choi v. Sierra Construction Company, Inc.

    Publication Date: 2022-11-14
    Practice Area: Contractual Disputes | Corporate Entities
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Keith Hasson, Michael O’Neill, (Hasson Law Group LLP), Atlanta, Mariana Melendez, Atlanta, for appellant.
    for defendant: Jefferson Allen, Erin Lewis, (Cohen Cooper Estep & Allen, LLC), Atlanta, for appellee; Steven Newton, (Steven N. Newton, LLC), Peachtree City, Jin Choi, Roswell, for other party.

    Case Number: A22A1057

    Court reverses a judgment on a breach of a construction contract against an individual due to improper jury instructions on the issue of joint venture liability

  • Las Colinas Apartments LLC et al. v. Fannie Mae

    Publication Date: 2022-11-08
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Hanson, (Weathington LLC), Atlanta, for appellant.
    for defendant: Curtis Anderson, (Downey & Cleveland, LLP), Marietta, Kimberly Rizzotti Weber, (Aldridge Pite, LLP), Atlanta, for appellee.

    Case Number: A22A0912

    Court affirms summary judgment order on damages against a debtor in a loan default and foreclosure action

  • Tara Bridge Apartments, LP et al. v. Benson

    Publication Date: 2022-11-03
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Barbara Marschalk, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, Matthew Barr, (Hawkins Parnell Thackston & Young LLP), Atlanta, for appellant.
    for defendant: Eugene Felton, Quinton Seay, (Seay Felton, LLC), Atlanta, for appellee.

    Case Number: A22A0744

    Court reverses denial of a landlord's summary judgment motion against a tenant's premises liability claims relating to a sexual assault that occurred in her apartment

  • In the Matter of Trent Lee Coggins.

    Publication Date: 2022-10-31
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: James Stephen Lewis, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, III, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Richard F. Waddington, Douglas Vincent Chandler (Chandler Law LLC), Alpharetta, for appellee; Jack J. Helms, Jr., (The Helms Law Firm, P.C.), Homerville, for other party.

    Case Number: S22Y1159

    Six-Month Nunc Pro Tunc Suspension Appropriate Discipline For Trust Account Violations By Attorney Who Had Ceased Practice

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  • Law et al. v. SE Property Holdings, LLC

    Publication Date: 2022-10-25
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Michael Robl, (Robl Law Group LLC), Tucker, for appellant.
    for defendant: Brent Herrin, Gus Small, Benjamin Klehr, (Small Herrin, LLP), Atlanta, for appellee.

    Case Number: A22A0737

    Court affirms order holding that a debtor fraudulently transferred certain properties but reverses order as to applicability of a homestead exemption

  • Brown et al. v. Brown

    Publication Date: 2022-10-21
    Practice Area: Creditors' and Debtors' Rights | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: William Bost, (Greenfield, Bost & Kliros, P.C.), Atlanta, for appellant.
    for defendant: Brent Herrin, Gus Small, Benjamin Klehr, (Small Herrin, LLP), Atlanta, for appellee.

    Case Number: A22A0972

    Court affirms summary judgment in favor of a trustee in a debt-collection action where appellants sought to raise a question of fact on waiver of collection efforts

  • Atlanta Partners Realty, LLC et al. v. Wohlgemuth

    Publication Date: 2022-10-19
    Practice Area: Contractual Disputes | Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Leigh Wilco, (Weissman PC), Atlanta, for appellant.
    for defendant: Gary Hooper, (Hooper Law Partners, LLC), Atlanta, Andrea Martin, (Andrea E. Martin Law, LLC), Atlanta, for appellee; Kristin Hall, (The Law office of Sharon Chester Barnes), Atlanta, for other party.

    Case Number: A22A0634

    Real Estate Buyer Failed to Show Due Diligence in Inspecting Property For Structural Defects Prior to Purchase

  • Ballard v. Biltmore House Condominium Association, Inc.

    Publication Date: 2022-09-29
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Randy Williams, Patrick Calvo, (Williams Law Group of Georgia, LLC), Atlanta, for appellant.
    for defendant: Floyd Dickens, (Gaddis & Lanier, LLC), Peachtree City, Scott Kuperberg, (The Kuperberg Law Firm, LLC), Norcross, Elina Brim, (Lueder, Larkin & Hunter, LLC), Alpharetta, for appellee.

    Case Number: A22A0878

    Court reverses summary judgment order for condominium association on unpaid assessments due to disputed issues of fact as to reasonableness of attorney fees

  • Knaack v. Henley Park Homeowners Association, Inc.

    Publication Date: 2022-09-26
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Metzger, Gala Villahoz, (Williams Teusink, LLC), Decatur, for appellant.
    for defendant: Rebecca Strickland, Christine Russell, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.

    Case Number: A22A0743

    Court vacates summary judgment for an association as to a property owner's claims that should be brought as a derivative action and remands for dismissal of those claims