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  • Pulte Home Company, LLC v. Juanita M. Aycock Living Trust

    Publication Date: 2021-08-05
    Practice Area: Administrative Law | Public Records
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: James Balli, (Taylor English Duma, LLP), Atlanta, for appellant.
    for defendant: Hylton Dupree, (Dupree & Kimbrough, LLP), Marietta, for appellee; Debra Blair, Lauren Bruce, (Cobb County Attorney's Office), Marietta, for other party.
    Case Number: A21A0640

    County That Has Easement Over Entire Road Can Issue Permits to Perform Work on Unpaved Portion of Road

  • Durham v. Dollar Tree Stores, Inc. et al.

    Publication Date: 2021-08-05
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Erica Durham, Opelika, for appellant.
    for defendant: Rebecca Strickland, Nelofar Agharahimi, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.
    Case Number: A21A0624

    Trial Court Erred by Issuing an Incomplete Jury Instruction on Apportionment in Premises Liability Action; Denial of Motion for New Trial Remanded

  • Waters v. Waters

    Publication Date: 2021-08-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jeffrey Butler, (Woodward & Butler, LLC), Augusta, for Appellant.
    for defendant: James Overstreet, Katherine Williams, (Klosinski Overstreet, LLP), Augusta, for Appellee
    Case Number: A21A0092

    Court reverses partial summary judgment grant where material questions of fact existed as to the identity of the person who signed a warranty deed in a land transfer.

  • Sloans v. The State

    Publication Date: 2021-08-02
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jordan Van Matre, (The Law Office of Jordan K. Van Matre, P.C.), McDonough, for Appellant.
    for defendant: Fani Willis, Paul Howard, Mathew Plott, (Fulton County District Attorney's Office), Atlanta, for Appellee.
    Case Number: A21A0125

    Court reverses partial summary judgment grant where material questions of fact existed as to the identity of the person who signed a warranty deed in a land transfer.

  • Omnitech Institute, Inc. et al. v. Norwood

    Publication Date: 2021-08-02
    Practice Area: Dispute Resolution
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Todd Pearson, Regina Molden, (Molden, & Holley, LLC), Atlanta, for appellant.
    for defendant: Steven Wolfe, Amelia Ragan, (Legare, Attwood & Wolfe, LLC), Decatur, for appellee.
    Case Number: A21A0294

    Court reverses denial of motion to compel arbitration, finding that trial court erred in applying effective vindication defense regarding plaintiff's inability to afford costs

  • Jones v. City of Atlanta

    Publication Date: 2021-07-29
    Practice Area: Administrative Law | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James Hurt, (Hurt Stolz, P.C.), Watkinsville, John Woodham, (Woodham Law, LLC), Atlanta, for appellant.
    for defendant: Matthew Calvert, Eric Taylor, Laura Wagner, Ra Amen, (Hunton Andrews Kurth LLP), Atlanta, for appellee.
    Case Number: A21A0370

    Court Reverses Trial Court's Determination That It Lacked Jurisdiction Due to Plaintiff's Failure to File Complaint Within 30 Days of Appeal Board's Decision

  • Star Residential, LLC et al. v. Hernandez

    Publication Date: 2021-07-19
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Willie C. Ellis, Jr., Warner S. Fox, Elliott Crawford Ream, (Hawkins Parnell Thackston & Young, LLP), Atlanta, Robert B. Gilbreath, (Hawkins Parnell Thackston & Young, LLP), Dallas, for Appellant.
    for defendant: Sidney Leighton Moore, (The Moore Law Firm, P.C.), Decatur, for Appellee; Warren Calvin Smith, (W. Calvin Smith, II, P.C.), Atlanta, for other party; Jacob Edward Daly, (Freeman Mathis & Gary, LLP), Atlanta, Jeffrey S. Ward, (Drew, Eckl & Farnham LLP), Brunswick, Elissa Blache Haynes, (Drew, Eckl & Farnham LLP), Atlanta, Malissa Anne Kaufold-Wiggins, (Balch & Bingham, LLP), Atlanta, Philip Michael Thompson, (Ellis Painter Ratterree & Adams LLP), Savannah, James Miachaell Williams, (Georgia Apartment Association), Atlanta, Barry Goheen, (Fisherbroyles, LLP), Atlanta, for Amicus Appellant.
    Case Number: S20G1214

    Court reverses denial of a property manager's motion to dismiss an injured party's cause of action for nuisance under the Street Gang Terrorism Act

  • Poverty Destroyed Forever, LLC. v. Visio Financial Services, Inc. et al.

    Publication Date: 2021-07-15
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Joseph Todd, (Joseph M. Todd, P.C.), Jonesboro, for appellant.
    for defendant: Howell Hall, (Shapiro Pendergast & Hasty, LLP), Atlanta, for appellee.
    Case Number: A21A0461

    In a foreclosure action, the Court affirmed a directed verdict dismissing a claim for punitive damages and the denial of debtor's motion to set aside a foreclosure action

  • Fulton County Board of Tax Assessors v. Technology Square, LLC

    Publication Date: 2021-07-14
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, for appellant.
    for defendant: Lindsey Hillis, Delia Williams-Carroll, (The Hillis Firm, LLC), Atlanta, for appellee.
    Case Number: A21A0204

    Court vacates and remands orders for proper findings on whether the delays by the Board of Tax Assessors were unreasonable and inexcusable

  • Bennett v. McPhatter

    Publication Date: 2021-07-13
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Steven Bristol, Mary Boone, Timothy Bishop, (Hall Booth Smith, PC), Brunswick, for appellant.
    for defendant: David Eichholz, Kathryn Sherry, (The Eichholz Law Firm), Savannah, for appellee. Brenda Daughtry, Savannah, for other party.
    Case Number: A21A0270

    Title: Court reverses denial of landlord's summary judgment motion in a premises liability action where the landlord had no actual or constructive knowledge of a defect