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  • Nissan North America, Inc. v. Walker-Jones Nissan, LLC

    Publication Date: 2018-04-19
    Practice Area: Contracts
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Tracy Brown (Attorney at Law), Jesup; Samuel Hutto, Christopher Genovese (Nelson Mullins Riley & Scarborough LLP), Columbia, for appellant.
    for defendant: David Conner, Robert Kutchey (The Conner Law Group, PC.), Savannah; Daniel Snipes (Taulbee, Rushing, Snipes, Marsh & Hodgin, LLC), Statesboro, for appellee. Ronald Thomas (Thomas & Settle), Waycross; Graham Floyd (Attorney at Law), Baxley, for other party.
    Case Number: A17A2018

    The trial court erred in granting an interlocutory injunction in connection with a proposed sale of a car dealership, as the trial court erred in finding that petitioner was likely to succeed on the merits of its claims and that petitioner would suffer irreparable injury absent injunctive relief.

  • Georgia Pacific Consumer Products, LP v. Ratner, et al.

    Publication Date: 2018-04-18
    Practice Area: Environmental Law | Real Estate
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Hudson (Hull Barrett, PC), Augusta; Edward Hughes (Callaway, Braun, Riddle & Hughes, PC), Savannah; Quentin Marlin, Ryburn Ratterree, Philip Thompson (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: John Bell (Bell & Brigham), Augusta; Timothy Roberts, Benjamin Perkins (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A17A1969

    In plaintiffs' suit alleging that a paper mill damaged their property and interfered with the use and enjoyment of their property, the Court reversed the denial of the mill's motion for summary judgment on plaintiffs' claim for nuisance, as the mill was immune from nuisance liability under Georgia's right to farm statute, and found that the mill was entitled to summary judgment on plaintiffs' claims for negligence, trespass, and all derivative claims.

  • Eden v. Eden et al.

    Publication Date: 2018-04-16
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kenneth Lewis, Teresa DiPonzio (Lewis & Murphy, LLP), Winder, for appellant.
    for defendant: Christopher Willis (Attorney at Law), Cumming, for appellee.
    Case Number: A17A1401

    Parties' Unilateral Transfer of Real Property to Opposing Party in Fee Simple Did Not Release Them From Their Financial Obligations

  • Borotkanics v. Humphrey

    Publication Date: 2018-04-16
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Brad Macdonald (Hill/Macdonald, LLC), Marietta, for appellant.
    for defendant: Rhonda Kreuziger (The Kreuziger Law Firm, PC.), Fayetteville, for appellee.
    Case Number: A17A1537

    Trial Court Impermissibly Modified Divorce Decree By Ordering Party to Sell Property

  • The Bank Of New York Mellon et al. v. Edmondson et al.

    Publication Date: 2018-04-11
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Tenise Cook, Peter Lublin, John Morhart (Rubin Lublin LLC), Peachtree Corners; Jody Campbell (Blum & Campbell, LLC), Peachtree Corners; Jeffrey Schneider (Weissman, P.C.), Atlanta, for appellant.
    for defendant: Theresa Starkes (Roberts Law Firm, LLC), Atlanta; Pamela Stephenson (Stephenson Reynolds Law), Decatur, for appellee. American Express Bank, FSB, c/o Secretary, Salt Lake City, for other party.
    Case Number: A17A1640

    Bank's Attempt to Replace Missing Security Deed Through Use of Forged Document Was Barred by Unclean Hands Doctrine

  • Peterson v. Peterson

    Publication Date: 2018-04-09
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joseph J. Burton, Jr. (Mozley, Finlayson & Loggins LLP), Atlanta; Rosemary Smith Armstrong (Armstrong Nix, P.C.), Atlanta, for appellant.
    for defendant: J. Franklin Edenfield (Spivey, Carlton & Edenfield, P.C.), Swainsboro; R. Bruce Russell, Clayton, for appellee.
    Case Number: S17A1488

    The trial court erred in granting summary judgment to mother in sons' suit alleging that their mother and brother breached their duties as executors of their father's will of and as trustees of a bypass trust created by that will.

  • Community & Southern Bank v. First Bank Of Dalton et al.

    Publication Date: 2018-04-05
    Practice Area: Banking and Finance Laws | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Bryan Busch (Busch Slipakoff & Schuh, LLP), Atlanta; Laura Mirmelli (Adams and Reese), Atlanta, for appellant.
    for defendant: Stephen Michmerhuizen, Warren Coppedge (Coppedge and Associates, P.C.), Dalton, for appellee. Avery Jackson (Tisinger Vance PC), Carrollton, for other party.
    Case Number: A17A2121

    Trial Court Erred In Reentering Earlier Judgment After Appellate Court Directed Judgment Be Vacated and Issues Reconsidered

  • Cottingham v. Sapp

    Publication Date: 2018-04-02
    Practice Area: Personal Injury | Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Andrew Hinton (Hinton & Powell), Atlanta, for appellant.
    for defendant: Charles Shenton (Young Thagard Hoffman, Smith & Lawrence), Valdosta, for appellee.
    Case Number: A17A1790

    Slip-And-Fall Plaintiff's Contradictory Testimony Supported Conclusion She Had Superior Knowledge of Hazard

  • Sitterli v. Csachi

    Publication Date: 2018-03-30
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jeffrey Hicks (Attorney at Law), Lawrenceville; Stephen Mackie (Attorney at Law), Atlanta, for appellant.
    for defendant: Raluca Hanea (Attorney at Law), Lawrenceville; Ecaterina Csachi, Lawrenceville, for appellee.
    Case Number: A17A1509

    Unjust Enrichment and Quantum Meruit Claim Both Failed For Failure to Show Expectation of Compensation

  • Khimani v. Ruppenthal

    Publication Date: 2018-03-29
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Richard Lindsey (Lindsey Law Firm PC), Peachtree City; Heather Ryfa (Georgia Attorney General's Office), Atlanta, for appellant.
    for defendant: John Beck (Lawson & Beck, LLC), Peachtree City, for appellee. J. Crowley (Bush, Crowley & Leverett), Macon; First GA Community Bank (c/o Arthur Hammond), Jackson; Sikandar Nathani, Fayetteville, for other party.
    Case Number: A18A0236

    Co-tenant of Real Property Was Entitled To Equitable Partition and Accounting