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  • RCC Wesley Chapel Crossing, LLC et al. v. Forrest Allen et al.

    Publication Date: 2021-12-27
    Practice Area: Class Actions | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Walter J. Bibbins, Brittanie Danielle Browning, John E. Hall, Jr., (Hall Booth Smith, P.C.), Atlanta, Ryan Matthew Ingram, David Patrick Conley, Marie Wilcox, (Moore Ingram Johnson & Steele, LLP), Marietta, Kenan G. Loomis, (Cozen O'Connor), Atlanta, for appellant.
    for defendant: Frank Mitchell Lowrey, Joshua Ferber Thorpe, (Bondurant, Mixson & Elmore, LLP), Atlanta, Matthew Quinn Wetherington, Sr., Robert Neil Friedman, (Wetherington Law Firm), Atlanta for appellee; Andrew Alan Pinson, (Department of Law), Atlanta; John Colquitt Rogers, (Carlock, Copeland & Stair, LLP), Atlanta, Kimberly D. Stevens, Willie C. Ellis, Jr., LeRyan Paige Lambert, (Hawkins Parnell & Young, LLP), Atlanta, for Amicus Appellant.
    Case Number: S21G0029

    Court vacates and remands a class action case that addressed a private property owner's right to immobilize vehicles improperly parked on the owner's property

  • Amason v. Highland Park Homeowners' Association, Inc.

    Publication Date: 2021-12-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, David Rhodus, (Rhodus Law Firm), Peachtree Corners, for appellant.
    for defendant: John Lueder, Zachary Trippe, (Lueder, Larkin & Hunter LLC), Alpharetta, for appellee.
    Case Number: A21A1339

    Court affirms summary judgment in favor of a homeowners' association and rejects property owner's claims of res judicata over claims of covenant violations

  • Renasant Corporation et al. v. Korst

    Publication Date: 2021-12-06
    Practice Area: Civil Procedure | Consumer Protection
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Michael Bruyere, Arash Sabzevari, (Freeman Mathis & Gary LLP), Atlanta, for appellant.
    for defendant: Walter Bibbins, (Hall Booth Smith PC), Atlanta, Walter Booth, (Jones & Booth LLC), Alpharetta, for appellee.
    Case Number: A21A0791

    Court affirms denial of mortgage lender's motion to dismiss Fair Housing Act complaint filed by a borrower who alleged discrimination due to his disabilities.

  • Blondell et al. v. Courtney Station 300 LLC et al.

    Publication Date: 2021-12-03
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Eugene Brooks, (Brooks Law Firm), Savannah, Anna Cross, Darren Summerville, Meredith Kincaid, (The Summerville Firm, LLC), Atlanta, Maxwell Thelen, (Ashby Thelen Lowry), Marietta, for appellant.
    for defendant: Mark Johnson, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, John McKinley, Bridgette Eckerson, (Mozley Finlayson & Loggins LLP), Atlanta, Derek Mendicino, (Penna & Mendicino), Conyers, Tracy O’Connell, Philip Thompson, Gary Tiller, (Ellis Painter Ratterree & Adams LLP), Savannah, for appellee.
    Case Number: A21A0731

    Court affirms summary judgment denials in personal injury case due to genuine issues of material fact on all claims other than nuisance

  • Rockdale County v. U.S. Enterprises, Inc. et al.

    Publication Date: 2021-12-02
    Practice Area: Constitutional Law | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Chief Justice Nahmias
    Attorneys: For plaintiff: William Joseph Linkous, (Hall County Law Department), Gainesville, Mirza Qader Ali Baig, (M. Qader A. Baig & Associates, LLC), Conyers, for appellant.
    for defendant: Roy E. Barnes, Benjamin Robert Rosichan, (The Barnes Law Group, LLC), Marietta, Richard A. Carothers, (Carothers & Mitchell, LLC), Buford, for appellee.
    Case Number: S21A0718

    County Ordinance's Definition of Prohibited "Truck Stop" Was Not Unconstitutionally Vague

  • Deerlake Homeowners Association, Inc. v. Brown

    Publication Date: 2021-11-24
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Joanna Eljazzar, (Lazega & Johanson LLC), Atlanta, for appellant.
    for defendant: Craig Brown, Suwanee, for appellee.
    Case Number: A21A1090

    Trial Court Properly Found that Homeowners Association Was Not Entitled to Injunctive Relief in Action Alleging That Real Property Is a 'Lot'

  • Stadterman v. Southwood Realty Co., et al.

    Publication Date: 2021-11-23
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Jonathan Schermerhorn, (The Schermerhorn Firm), Atlanta, Robert Ashe, Juliana Mesa, (Bondurant Mixson & Elmore LLP), Atlanta, for appellant.
    for defendant: James Doyle, Andrew Eaton, Norbert Hummel, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
    Case Number: A21A0682

    Court affirms summary judgment for property owners and managers in a premises liability action stemming from shooting injuries sustained by plaintiff

  • Dekalb County Board of Tax Assessors v. Barrett

    Publication Date: 2021-11-22
    Practice Area: Real Estate | Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Richard Carothers, (Attorney at Law), Buford, Brian Dempsey, (Carothers & Mitchell, LLC), Buford, for appellant.
    for defendant: Edward Webb, (Webb, Klase & Lemond, LLC), Atlanta, for appellee.
    Case Number: A21A1032

    Trial Court Properly Found That Property Owner Was Entitled to Two-Year Freeze on Taxable Values of His Properties for Two Taxable Years

  • Beamer Rentals, Inc. v. Greentree Investment Partners, LLC

    Publication Date: 2021-11-19
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Warren Coppedge, (Coppedge & Associates, P.C.), Dalton, for appellant.
    for defendant: Donald Evans, (Evans Law Firm), Cartersville, for appellee.
    Case Number: A21A0857

    Court affirms dismissal of petition for condemnation by necessity for a right of way because proposed route failed to adhere to statutory requirements

  • Franco v. Eagle

    Publication Date: 2021-11-17
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Richard Tillery, (Jennifer J. Gibbs PC d/b/a Gibbs Law Firm), Decatur, Jennifer Gibbs, (Gibbs Tillery, LLC), Decatur, for appellant.
    for defendant: Vanessa Kosky Narea, (The Law Office of Vanessa Kosky, PC), Tucker, for appellee.
    Case Number: A21A0875

    Court affirms ruling of imputed income for child support and attorney fee calculations in a divorce case but reverses as to equitable division of certain real property