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  • Seals v. Major et al.

    Publication Date: 2022-07-05
    Practice Area: Contracts | Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Steven Hall, John Hinton, (Baker, Donelson, Bearman Caldwell & Berkowitz, PC), Atlanta, for appellant.
    for defendant: Luke Lantta, Aiten Mcpherson, (Bryan Cave Leighton Paisner LLP), Atlanta, Michael Johnson, (Taylor English Duma LLP), Atlanta, Reginald Snyder, (Dye Snyder, LLP), Atlanta, for appellee.
    Case Number: A22A0493

    Genuine Issues of Material Were Presented as to Whether Partnership Was Formed

  • U. S. Bank, National Association as Trustee of the Cabana Series IV Trust v. Carrington Mortgage Services, LLC

    Publication Date: 2022-07-01
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: James Blum, (Blum & Campbell, LLC), Peachtree Corners, for appellant.
    for defendant: Monica Gilroy, Matthew Totten, (The Gilroy Firm), Atlanta, for appellee.
    Case Number: A22A0035

    Court vacates summary judgment for a lender in a lien priority dispute, finding no basis for the trial court's award of equitable relief of reformation and specific performance

  • Wealthmore Properties, LLC v. Cheeto Holdings, LLC

    Publication Date: 2022-06-30
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Albert Mitchell, (Albert A. Mitchell, P.C.), Atlanta, for appellant.
    for defendant: Joseph Grodzicki, (Winter Capriola Zenner LLC), Atlanta, Shawn McKenzie, (Campbell & Brannon LLC), Atlanta, for appellee; Shameka Clair, (The Clair Firm, LLC), Atlanta, David Basil, Carrollton.
    Case Number: A22A0291

    Court affirms summary judgment for defendant in a matter where plaintiff attempted to unwind a tax sale redemption, finding that plaintiff's attorney had settlement authority

  • Smith et al. v. Millsap et al.

    Publication Date: 2022-06-29
    Practice Area: Attorney Compensation | Civil Appeals
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Halsey Knapp, (Krevolin Horst, Inc.), Atlanta, Kathryn Whitlock, (Hawkins Parnell Thackston & Young LLP), Atlanta, Stephen Rothring, Charles Foster, (Hawkins Parnell & Young, LLP), Atlanta, for appellant.
    for defendant: Thomas Tate, Robert Thomas, Tyler Dillard, Jaletta Smith, (Andersen Tate & Carr, P.C.), Duluth, for appellee; Jason Beach, Eric Taylor, Laura Wagner, (Hunton Andrews Kurth LLP), Atlanta, Joshua Kalb, (Barnes & Thornburg, LLP), Atlanta, Gerald Davidson, (Mahaffey Pickens Tucker, LLP), Lawrenceville, for other party.
    Case Number: A22A0429

    Trial Court Order Cancelling Attorney's Lien Prior to Final Judgment Was Not Immediately Appealable

  • Matabane v. Whatley

    Publication Date: 2022-06-21
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Alonzo Nelson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Lynn Whatley, (Whatley & Associates, PC), East Point, for appellee.
    Case Number: A22A0152

    Court vacates dismissal order of a party's action for a partition of inherited property and remands for consideration of that party's request for a partition-in-kind

  • Alpha Rho Corporation of Delta Delta Delta v. Mathis Apartments, Inc.

    Publication Date: 2022-06-16
    Practice Area: Damages
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Carter, Charles Dorr, (Carter Cromwell Law Firm), Madison, for appellant.
    for defendant: David Ellison, (Fortson Bentley and Griffin PA), Athens, for appellee.
    Case Number: A22A0104

    Court reverses award of attorney fees for defendant where plaintiff, though unsuccessful, had made valid contract allegations against defendant

  • Morse et al. v. Suntrust Bank, N.A. et al.

    Publication Date: 2022-06-13
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Sheppard, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellant.
    for defendant: John Sugg, (Davis Matthews & Quigley PC), Atlanta, Thomas Cauthorn, (Cauthorn Nohr & Owen), Marietta, Justin O'Dell, Leslee Hungerford, Nicholas Booth, (O'Dell & O'Neal), Marietta, Roy Paul, (Meyer & Sayers, LLP), Savannah, W. Settle, (Thomas & Settle), Waycross, Clay O'Daniel, Keith O'Daniel, (O'Daniel McDonald, LLC), Atlanta, for appellee.
    Case Number: A22A0200

    Court concludes that adopted adults are proper beneficiaries of a Will that established trusts for grandchildren of its beneficiaries

  • Denhardt v. Jones

    Publication Date: 2022-06-10
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Eddie Denhardt, Monroe, for appellant.
    for defendant: Steven Early, (Attorney at Law), Suwanee, for appellee.
    Case Number: A22A0169

    Court affirms order granting an interlocutory injunction to stop a foreclosure sale of real property in a declaratory judgment action premised on fraud

  • Southern Star Enterprise Corporation v. McDonald Windward Partners, L.P.

    Publication Date: 2022-05-27
    Practice Area: Contractual Disputes | Landlord Tenant Law | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Perry Phillips, (Perry A. Phillips, LLC), Marietta, for appellant.
    for defendant: Brian Daughdrill, Mary Giacoma, (Giacoma, Roberts & Daughdrill, LLC), Atlanta, for appellee.
    Case Number: A22A0480

    Commercial Landlord Entitled to Damages Stemming From Repairs to Premises

  • Fulton County Board of Tax Assessors v. Westside Atlanta Retail, LLC

    Publication Date: 2022-05-26
    Practice Area: Real Estate | Tax
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, for appellant.
    for defendant: Scott Tinnon, (Attorney at Law), Atlanta, David Dermer, (Lat Sportswear), Atlanta, for appellee.
    Case Number: A22A0555

    Hearing-Officer Hearing Must be Scheduled Within 180 Days Following Taxpayer's Appeal of Property Tax Assessment