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  • Simmons v. Prince et al.

    Publication Date: 2017-11-03
    Practice Area: Business Torts | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ryburn Ratterree, Philip Thompson (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: Christopher Britt (Karsman, McKenzie & Hart), Savannah; Jamie Casino (Attorney at Law), Savannah, for appellee.
    Case Number: A17A0899

    The trial court erred in denying defendant's motion for summary judgment in plaintiff's suit to recover damages for injuries he suffered when he fell through the balusters of a railing that surrounded the front landing of a second-floor apartment because the large gaps between the railing balusters was a static defect of which the plaintiff had equal knowledge.

  • Women's Surgical Center, LLC et al. v. Berry et al.

    Publication Date: 2017-11-03
    Practice Area: Constitutional Law | Health Care Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Glenn A. Delk (Lightmas & Delk), Atlanta; James M Manley, Veronica Thorson (Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute), Phoenix, for appellant.
    for defendant: Isaac Byrd, Daniel Stephen Walsh, Forrest Geoffrey Pearce, Monica Anne Sullivan, Christopher M. Carr (Department of Law), Atlanta, for appellee. Anne Ware Lewis (Strickland Brockington Lewis LLP), Atlanta; Jeffrey W. McCoy (Pacific Legal Foundation), Sacramento, for amicus appellant. John Hinton Parker Jr., J. Marbury Rainer (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta; Yasha Heidari (Heidari Power Law Group, LLC), Atlanta, for amicus appellee.
    Case Number: S17A1317

    The trial court properly denied Department of Community Health's motion to dismiss hospital's action seeking declaratory and injunctive relief in an effort to have Georgia's applicable certificate of need law and the regulations authorizing it declared unconstitutional because hospital was not required to exhaust its administrative remedies before filing the action and the trial court also properly granted summary judgment to the Department on hospital's constitutional challenges to O.C.G.A. 31-6-40 subsection (a) (7) (C).

  • Columbus Board of Tax Assessors et al v. The Medical Center Hospital Authority

    Publication Date: 2017-11-02
    Practice Area: Real Estate | Tax
    Industry:
    Court: Court of Appeals
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Charles F. Palmer, Kevin Gregory Meeks (Troutman Sanders LLP), Atlanta; Robert R. Lomax (Robert R. Lomax, LLC), Columbus, for appellant.
    for defendant: Jeffrey Albright Brown (Brown & Adams, LLC.), Columbus; James Randolph Evans, Keshia Williams Lipscomb (Dentons US LLP), Atlanta; Andrew Armstrong Rothschild, Jerome M. Rothschild (Rothschild & Rothschild PC), Columbus; Scott C. Crowley, Columbus, for appellee.
    Case Number: S17G0091

    A bond validation order did not conclusively establish whether hospital's leasehold interest in a continuing care retirement facility was "public property" for tax purposes, and to the extent that the Court of Appeals and superior court considered the bond validation judgments conclusive on the question of taxability, the Court reversed and remanded.

  • Vargo v. Adams

    Publication Date: 2017-10-30
    Practice Area: Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Richard Scott Alembik (Richard S. Alembik P C.), Decatur, for appellant.
    for defendant: Wanda L. Barnett (Wanda L. Barnett & Associates PC), Jefferson; John Davidson Russell (Russell & Mingledorff), Winder; Susan Buerkert Shaw, Lori L. McGowan (RCO Legal P S.), Atlanta; David Felts Ellison (Cowsert Heath LLP), Athens, for appellee.
    Case Number: S17A1302

    The trial court properly denied appellant's petition for equitable partition of real property he held with his former girlfriend as joint tenants with the right of survivorship because equitable partition is not available to unmarried parties who own property as joint tenants with the right of survivorship.

  • Monumedia II, LLC v. Georgia Department of Transportation

    Publication Date: 2017-10-20
    Practice Area: Administrative Law | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Kevin Meeks, Charles Palmer (Troutman Sanders LLP), Atlanta, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Ronald Freeman (Johnson & Freeman, LLC), Union City; Mary Volkert (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A17A0647

    The trial court erred in affirming administrative rulings holding that a business's light-emitting diode signs inside the windows of its building violated City of Atlanta ordinances and the Georgia Outdoor Advertising Control Act.

  • Reynolds v. CB&T

    Publication Date: 2017-10-12
    Practice Area: Civil Appeals | Real Estate | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Christopher Denison (Attorney at Law), Atlanta, for appellant.
    for defendant: Stephen Gunby (Page, Scrantom, Sprouse, Tucker & Ford, P C.), Columbus, for appellee.
    Case Number: A17A0891

    The trial court erred in granting summary judgment to bank on plaintiff's claims for wrongful foreclosure, breach of contract, intentional and grossly negligent infliction of emotional distress, unjust enrichment and promissory estoppel because there were genuine issues of material fact remaining.

  • Saws At Seven Hills, LLC et al. v. Forestar Realty, Inc. et al.

    Publication Date: 2017-10-05
    Practice Area: Contracts | Real Estate | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Richard Herzog, Gregory Taube, Jessica Watson (Nelson Mullins Riley & Scarborough, LLP), Atlanta, for appellant.
    for defendant: Simon Bloom, Shannan Oliver, Ryan Harbin (Bloom Sugarman Everett, LLP), Atlanta, for appellee.
    Case Number: A17A0869

    The trial court erred in denying defendants' motions for summary judgment on plaintiffs' claims for tortious inference with business relations because plaintiffs failed to show evidence that it suffered any damages as a result of defendants' alleged interference.

  • Crawford et al. v. Ocwen Loan Servicing, LLC

    Publication Date: 2017-09-28
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Donovan Crawford, Cladine Crawford, Alpharetta, for appellant.
    for defendant: Christopher Wardrop (Weissman Nowack Curry & Wilco P C.), Atlanta, for appellee.
    Case Number: A17A1590

    The trial court properly dismissed plaintiffs' petition for a temporary restraining order or preliminary injunction seeking to stop the foreclosure of their home after concluding that the petition was moot because the injunctive relief they requested could no longer be granted.

  • Maxey v. Sapp et al.

    Publication Date: 2017-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews
    Attorneys: For plaintiff: Hugh McCullough, Glennville, for appellant.
    for defendant: Carl Lindberg Ligon Middletn Lindberg, Brunswick, for appellee.
    Case Number: A16A1504

    The trial court erred in directing a verdict for defendants in plaintiffs' suit against her family members in which she sought to impose a constructive trust on real property formerly belonging to h

  • Matson v. Bayview Loan Servicing LLC

    Publication Date: 2017-01-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: R. Krannert Riddle, Savannah, for appellant.
    for defendant: Joel Callins The Callins Law Firm LLC, Atlanta, for appellee.
    Case Number: A16A1725

    The trial court erred in granting summary judgment to defendant in plaintiff's wrongful foreclosure suit but properly denied plaintiff's motion for summary judgment, as issues of fact rem