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  • Serban v. Hunter

    Publication Date: 2022-03-10
    Practice Area: Dispute Resolution | Evidence
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Eric Teusink, Gala Villahoz, (Williams Teusink, LLC), Decatur, Columbus, for appellant.
    for defendant: Eric Van De Water, (Van De Water Law LLC), Atlanta, for appellee.
    Case Number: A21A1799

    Trial Court Erred In Failing to Consider Arbitration Award Solely Because Award Was Not Introduced Into Evidence at Hearing

  • SRA Management, LLC d/b/a Olympus Fenwick Luxury Apartments et al. v. Shirley Prince et al.

    Publication Date: 2022-03-10
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Brantley Rowlen, Donavan Eason, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, for appellant.
    for defendant: Ashleigh Madison, (Southeast Law, LLC), Savannah, for appellee.
    Case Number: A21A1211

    Court affirms denial of apartment manager's summary judgment in a slip-and-fall case due to questions of fact over manager's knowledge of a hazard

  • Edible IP, LLC v. Google, LLC

    Publication Date: 2022-03-04
    Practice Area: Intellectual Property
    Industry: Advertising
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Steven Arnold Pickens, Andrew Dorsey Stancil, (Mahaffey Pickens Tucker, LLP), Lawrenceville, Jason James Carter, Ronan Patrick Doherty, Patrick Christopher Fagan, Solesse Lane Altman, (Bondurant, Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Eric Peter Schroeder, Brian McKinley Underwood, Jr., (Bryan Cave Leighton Paisner LLP), Atlanta, Margret Mary Caruso, (Quinn Emanuel Urquhart & Sullivan LLP), Redwood Shores, for appellee; John David Hadden, (The Hadden Law Firm, LLC), Atlanta, Bret S Moore, (Broughton LAW), Atlanta, Amicus Appellant; Todd Wuescher Beauchamp, Rachel S. Horn, Carolyn Homer, Sarang Damle, (Latham & Watkins LLP), Washington, for Amicus Appellee.
    Case Number: S21G0798

    Court affirms dismissal of complaint for failure to state a claim for theft, conversion, money had and received, and Georgia RICO Act violations

  • Moxie Capital, LLC v. Delmont 21, LLC et al.

    Publication Date: 2022-02-24
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Sam Dickson, (Attorney at Law), Atlanta, for appellant.
    for defendant: John Clark, (Clark Caskey, LLC), Atlanta, Tahra Porterfield, (AXA XL), Atlanta, Eugene Smith, (Fulton County Attorney's Office), Atlanta, Bert Whitfield, Inglewood, for appellee.
    Case Number: A21A1574

    Court affirms order awarding title to two parcels of property to tax deed purchaser and rejecting a party's efforts to redeem tax deeds with payments made by personal checks

  • Georgiacarry.Org Inc., et al. v. The Atlanta Botanical Garden, Inc.

    Publication Date: 2022-02-16
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: John Monroe, (John Monroe Law, P.C.), Dawsonville, for appellant.
    for defendant: David Carpenter, James Grant, (Alston & Bird, LLP), Atlanta, Omari Crawford, (The DeKalb County Law Department), Decatur, for appellee.
    Case Number: A21A1479

    Court affirms summary judgment in favor of an entity's right to bar firearms from its property, concluding that the entity's lease created an estate for years and not a usufruct

  • Rampersad v. The Plantation At Bay Creek Homeowners Association, Inc.

    Publication Date: 2022-02-10
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Kavita Rampersad, Snellville, for appellant.
    for defendant: Brandon Wagner, (Lueder Larkin & Hunter, LLC), Alpharetta, for appellee.
    Case Number: A21A1490

    As to a judgments on unpaid homeowners association fees, court dismisses one appeal and vacates and remands the other for determination of service and notice

  • Cowart v. Georgia Power Company

    Publication Date: 2022-02-01
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Fried, (Fried Bonder White, LLC), Atlanta, for appellant.
    for defendant: Anthony Powell, Jay Crowley, (Powell & Edwards), Lawrenceville, Wesley Ross, (Webb, Tanner & Powell), Lawrenceville, for appellee.
    Case Number: A21A1805

    Court affirms contempt order over appellant's challenge in an easement dispute, finding proper subject matter jurisdiction and authority to modify prior order

  • Ansley Walk Condominium Association, Inc. et al. v. The Atlanta Development Authority d/b/a Invest Atlanta et al.

    Publication Date: 2022-01-14
    Practice Area: Class Actions
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Scott Morris, Joseph Jacobson, (Holt Ney Zatcoff & Wasserman, LLP), Atlanta, Steven Wald, Michael Smith, (Stewart, Wald & McCulley, LLC), St. Louis, for appellant.
    for defendant: Robert Alpert, Jeffrey Douglass, Douglas Hance, (Morris Manning & Martin, LLP), Atlanta, Jeffrey Zachman, Nathan Garroway, Jeffrey Zachman, (Dentons US LLP), Atlanta, for appellee.
    Case Number: A21A1623

    Court affirms denial of class certification as to inverse condemnation and trespass claims because of differences in putative class members' claims

  • Blount et al. v. College Glen Condominium Association, Inc.

    Publication Date: 2022-01-07
    Practice Area: Discovery | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Adam Cain, (Law Offices of Adam M. Cain LLC), Athens, for appellant.
    for defendant: Scott Stevens, (Howe Law Firm), Alpharetta, for appellee.
    Case Number: A21A1626

    Court affirms summary judgment on a condominium association's complaint for unpaid assessments based on unanswered requests for admission.

  • The Mark A. Schneider Revocable Trust v. Hardy

    Publication Date: 2021-12-30
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mark Schneider, Lindsay Kennedy, (Mark A. Schneider P.A.), Fort Lauderdale, for appellant.
    for defendant: Alan Norton, (Luther-Anderson, PLLP), Chattanooga, for appellee.
    Case Number: A21A1461

    Court Erred in Granting Motion to Dismiss Complaint as Barred by the Statute of Limitation in Reliance on Matters Outside Complaint and Answer