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  • Marion A. Allen, Inc. et al. v. Blake C. Johnston et al.

    Publication Date: 2024-07-23
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Charles Adams, (Adams Law Firm), Fort Valley, Joseph Bloodworth, (Bush, Crowley, Leverett & Leggett, LLP), Macon, for appellant.
    for defendant: John Fox, (Adams, Hemingway & Wilson, LLP), Macon, for appellee.
    Case Number: A24A0213

    Court reverses denial of summary judgment in real estate fraud case, concluding that there was no factual dispute that property purchasers had failed to exercise due diligence after notice of defect

  • Preview Restaurants, LLC v. Shops At 2221 Peachtree, LLC

    Publication Date: 2024-07-23
    Practice Area: Contracts | Real Estate
    Industry: Hospitality and Lodging | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Cheng, (Attorney at Law), Atlanta, for appellant.
    for defendant: Katherine Silverman, (Berman Fink Van Horn P.C.), Atlanta, for appellee.
    Case Number: A24A0237

    Court affirms lease termination and admissibility of restoration cost estimate as a non-hearsay business record in a commercial dispossessory case

  • Gyllstrom et al. v. The Blue Stone Condominium Association, Inc. et al.

    Publication Date: 2024-07-19
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: George Kimel, (Attorney at Law), Norcross, Julie Liberman, (Julie A. Liberman, LLC), Marietta, for appellant.
    for defendant: Linda Pollock, Joanna Eljazzar, (Lazega & Johanson), Atlanta, for appellee.
    Case Number: A24A0550

    Court reverses dismissal of complaint in a dispute over a condominium Board's actions, finding that the Board had waived dispute resolution procedures by its action in declaring the matter closed

  • In the Matter of Diana Y. McDonald.

    Publication Date: 2024-07-16
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S23Y1195

    Court dismisses attorney's petition to retire from legal practice and instead orders disbarment due to multiple ethical violations involving misuse of client funds

  • Omstead v. BPG Inspection, LLC et al.

    Publication Date: 2024-07-15
    Practice Area: Contracts | Wrongful Death
    Industry: Construction
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: James Darren Summerville, Kristopher Robert Alderman, (The Summerville Firm, LLC), Atlanta, Lance D. Lourie, Stephen Roberts Chance, Andrew John King, (Lourie Chance Forlines Carter & King, PC), Atlanta, for appellant.
    for defendant: Leah Ward Sears, Edward Davison Burch, Jr., Edward H. Wasmuth, Jr., (Smith, Gambrell & Russell, LLP), Atlanta, Charles Samuel Conerly, (Smith Conerly, LLP), Carrollton, for appellee; Meagan Myers Hanson, (Georgians For Lawsuit Reform), Atlanta, Atlanta,, Kevin Bradford Sears, (Kilpatrick Townsend & Stockton LLP), Atlanta, for Amicus Appellee; Madeleine Norine Simmons, (Stewart Miller Simmons), Atlanta, Madeline Elizabeth McNeeley, (Harris Lowry Manton LLP), Brookhaven, Caleb Frank Walker, (The McArthur Law Firm), Macon, for Amicus Appellant.
    Case Number: S23G0771

    Court affirms enforceability of one-year contractual limitation for filing tort and contract suits against a contractor, holding that the limitation is not void as against public policy

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Razavi v. Emily

    Publication Date: 2024-07-10
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Ehsan Razavi, Atlanta, Dale Montpelier, (The Garza Law Firm), Knoxville, for appellant.
    for defendant: Jay Shreenath, (Shreenath and Associates), Austell, for appellee.
    Case Number: A24A0289

    Court affirms findings of trespass finding and property rights but reverses damages award for conversion, and vacates attorney fees award with direction for clarification of basis of that award

  • Department of Transportation v. Star Land Holdings, LLC et al.

    Publication Date: 2024-07-09
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Carr, Logan Winkles, (Attorney General), Atlanta, Warren Power, (Power & Jaugstetter, P.C.), McDonough, Jacqueline Kennedy-Dvorak, Ruth Snell, (Power Snell, P.C.), McDonough, Amy Patterson, (Georgia Law Department), Atlanta, for appellant.
    for defendant: Jordan Walker, (Sever Storey Walker), Carmel, for appellee; Melanie Wilson, Tracy Lettsome, (Gwinnett County Department of Law), Lawrenceville, other party.
    Case Number: A24A0183

    Court affirms setting aside of declaration of taking due to DOT's non-compliance with property owner's rights under the the Landowner's Bill of Rights and Private Property Protection Act of 2006

  • Apple Pie Ridge Homeowners Association, Inc. v. Andrews et al.

    Publication Date: 2024-07-04
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brandon Wagner, (Lueder Larkin & Hunter, LLC), Alpharetta, for appellant.
    for defendant: P. Freed, Brian Goldberg, (Freeman Mathis & Gary LLP), Atlanta, for appellee.
    Case Number: A24A0244

    Court affirms summary judgment favoring property owners in covenant dispute, deeming lots exempt from homeowners association's declaration

  • Pappas Restaurant, Inc. v. Welch et al.

    Publication Date: 2024-06-18
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Nicole Leet, Michael Rust, (Gray, Rust, St. Amand, Moffett & Brieske), Atlanta, Laurie Daniel, Atlanta, Nicholas Boyd, (Holland & Knight LLP), Atlanta, for appellant.
    for defendant: Naveen Ramachandrappa, Jennifer Peterson, Michael Terry, Frank Lowrey, (Bondurant, Mixson & Elmore LLP), Atlanta, Edward Wynn, James Sadd, (Slappey & Sadd, LLC), Atlanta, Aleksandra Bronsted, (Law Offices of Aleksandra Bronsted PC), Atlanta,, for appellee; Warner Fox, Christine Mast, Elliott Ream, (Hawkins Parnell & Young, LLP), Atlanta, for other party; Philip Thompson, (Ellis Painter Ratterree & Adams, LLP), Savannah, Bret Moore, (Bret Moore Law), Atlanta, for AM.
    Case Number: A21A1341

    Court affirms denial of summary judgment in wrongful death and negligence claims against restaurant and security company

  • In the Matter of James W. Davis, III.

    Publication Date: 2024-06-11
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William Van Hearnburg, Jr., Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: James W. Davis, Villa Rica, for appellee.
    Case Number: S23Y0622

    Court orders disbarment of an attorney who fraudulently intercepted and misappropriated a multi-million dollar insurance payment meant for a client