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  • Douglas R. Wilson et al v. Redmond Construction, Inc.

    Publication Date: 2021-07-09
    Practice Area: Attorney Compensation | Civil Procedure | Evidence
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Robert Lovett, (FisherBroyles, LLP), Savannah, for appellant.
    for defendant: Thomas Evans, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A21A0506

    Bona Fide Controversy Precluded Attorney Fees Award For Stubborn Litigiousness or Unnecessary Trouble and Expense

  • McBrayer et al. v. Governors Ridge Office Park Association, Inc. et al.

    Publication Date: 2021-07-07
    Practice Area: Real Estate
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Robert Remar, Michael Eber, (Rogers & Hardin LLP), Atlanta, for appellant.
    for defendant: Alexander Levorse, Noah Rosner, (Attorney at Law), Atlanta, for appellee. Darren Summerville, (The Summerville Firm, LLC), Atlanta, Sean Young, (American Civil Liberties Union Foundation of Georgia, Inc), Atlanta, Christine Castro, Susan Frietsche, (Women's Law Project), Pittsburgh, David Cohen, (Thomas Kline School of Law), Philidelphia, for AM.
    Case Number: A21A0262

    Court orders new trial for a medical office abortion provider where original jury verdict was not supported by evidence showing nuisance

  • Doxey v. Crissey et al.

    Publication Date: 2021-07-05
    Practice Area: Civil Appeals | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Hylton Dupree, Blake Carl, (Dupree & Kimbrough, LLP), Marietta, for appellant.
    for defendant: Robert Beard, (Attorney at Law), Marietta, Richard Calhoun, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, for appellee.
    Case Number: A21A0203

    Court vacates amended order and remands case for the trial court to conduct proceedings and to consider evidence on the changed use of an easement

  • Dashtpeyma v. Walker et al.

    Publication Date: 2021-06-29
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Hassan Dashtpeyma, Marietta, for appellant.
    for defendant: Dana Maine, (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A21A0631

    Res Judicata Precluded New Action Based on Same Facts and Relating to Same Parties Involved in Earlier, Resolved Action

  • Love et al. v. Fulton County Board of Tax Assessors et al.

    Publication Date: 2021-06-24
    Practice Area: Evidence | Tax
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Wayne B. Kendall, (Wayne B. Kendall, P.C.), Fayetteville, for appellant.
    for defendant: Christopher M. Carr, Julie Adams Jacobs, Alex Fredrick Sponseller, John Scott Forbes,, Joseph Lawton Bearden, (Department of Law), Atlanta, Robert Sparks Highsmith, Jr., Allen Andre Hendrick, Phil James George, (Holland & Knight LLP), Atlanta, Detriss Thomas, Patrise M. Perkins-Hooker, Kaye Woodard Burwell, Cheryl Melissa Ann Ringer, (Office of the Fulton County Attorney), Atlanta, , for appellee.
    Case Number: S21A0329

    Trial Court Did Not Err in Dismissing Fulton County Taxpayers' Mandamus Claim Against Board of Tax Assessors

  • Freeport Title & Guaranty Inc., as Trustee of The 4977 Memorial Trust v. Tegeue et al.

    Publication Date: 2021-06-21
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Clark, (Clark Caskey, LLC), Atlanta, for appellant.
    for defendant: Lawrence Kelly, Austin James, Elizabeth Padgett, (Fidelity National Law Group), Atlanta, Tania Tuttle, Sarah Monico, (McLain & Merritt PC), Alpharetta, Brett Ledermeier, (McLain & Merritt PC), Atlanta, Craig Pendergrast, (Taylor English), Atlanta, for appellee. Paris Wynn, (U.S. Department of Justice), Atlanta, for other party
    Case Number: A21A0232

    Court affirms dismissal of petition to quiet title, concluding that no reversion of title occurred even though a recorded security deed did not specify a debt maturity date

  • 2800 Chamblee Diamond, LLC v. Fitsum et al.

    Publication Date: 2021-06-18
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jason Graham, Robert Kozloski, (Graham Legal, LLC), Atlanta, Mary Meyer, David Jaffer, (Jaffer Law, PC), Tucker, for appellant.
    for defendant: Aaron Chausmer, (Chausmer Law LLC), Atlanta, for appellee.
    Case Number: A21A0348

    In a dispute between a landlord and tenant in a commercial lease, court reverses order as to certain restricted uses but affirms as to others, and reverses award of damages

  • D. Rose, Inc. et al v. City of Atlanta et al.

    Publication Date: 2021-06-16
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Kyler Wise, (Wilson Brock & Irby, LLC), Atlanta, for appellant.
    for defendant: Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, for appellee.
    Case Number: A21A0168

    Court affirms summary judgment order in favor of the City of Atlanta, finding that a setback restriction was not a total taking that amounted to an inverse condemnation

  • Davidson v. Lindfield Holdings, LLC

    Publication Date: 2021-06-04
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Preston Haliburton, (Haliburton Law Firm), Atlanta, Edwin Wilson, (Attorney at Law), Snellville, William Davidson, Snellville, for appellant.
    for defendant: John Ayoub, Carolina Bryant, (Ayoub & Mansour LLC), Atlanta, for appellee.
    Case Number: A21A0250

    Trial Court Did Not Err in Adopting Special Master's Finding in Quiet Title Dispute

  • Mancuso v. Jackson

    Publication Date: 2021-06-03
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Peter Mancuso, Conyers, for appellant.
    for defendant: Tangela Richmond, Marietta, Ethan Pham, (Nguyen & Pham LLC), Norcross, for appellee.
    Case Number: A21A0629

    Party Claiming Excess Funds from Property Tax Sale Not Entitled to Jury Trial