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  • Del Lago Ventures Inc. v. QuikTrip Corp.

    Publication Date: 2015-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ernest Greer, Michael King, Andrew Capezzuto Greenberg Traurig LLP, Robert Marcovitch, and David Matthews Weinberg, Wheeler, Hudgins, Gunn Dial LLC, Atlanta, for appellant.
    for defendant: John Sullivan and Bret Beldt Burr Furman LLP, Atlanta, for appellee. Other party representation: James Bass Bass, Bergeron Smith PC, Woodstock.
    Case Number: A14A0874

    A genuine issue of material fact remained regarding whether the defendants substantially complied with the termination provision of a real estate purchase con

  • Rollins v. Rollins

    Publication Date: 2015-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: H. Lamar Mixson, Timothy Rigsbee, and Lisa Strauss Bondurant, Mixson Elmore LLP, Atlanta, for appellant.
    for defendant: . John Dalton, Alan Bakowski, James Lamberth, Katie Balthrop Troutman Sanders, Sidney Moore Summerville Moore PC, and Lynette Smith Chick-fil-A Inc., Atlanta, for appellees. Amicus: John Larkins Chilivis, Cochran, Larkins Bever LLP, Atlanta.
    Case Number: A12A2516

    Questions of fact remained in an action for breach of and breach of fiduciary duty regarding the management of a family

  • Vineville Capital Grp. LLC v. McCook

    Publication Date: 2014-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Gregory Ellington, William Hardegree, and David Mize Hatcher, Stubbs, Land, Hollis & Rothschild LLP, Columbus, for appellant.
    for defendant: Darren Gaynor and Peter Busscher Parker, Hudson, Rainer & Dobbs LLP, Atlanta, for appellee.
    Case Number: A14A1325

    After seven years, title to real property conveyed by a security deed reverted to the grantor of title, since the plaintiff had not cancelled or foreclosed upon the security deed; because the plaint

  • Sovereign Healthcare LLC v. Mariner Health Care Mgmt. Co.

    Publication Date: 2014-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Christopher Giovinazzo, H. Lamar Mixson Bondurant, Mixson & Elmore LLP, Atlanta, and Charles Dalziel Brock, Clay, Calhoun & Rogers LLC, Marietta, for appellant.
    for defendant: . Merritt McAlister, Zachary McEntyre, Dwight Davis, Meghan Magruder King & Spalding LLP, Atlanta, and Hylton Dupree Dupree & Kimbrough LLP, Marietta, for appellee.
    Case Number: A14A0926

    The trial court erred in ruling that all signatories to the administrative services agreement must pay liquidated damages to the company that provided the administrative services after they prematur

  • Kahn v. Britt

    Publication Date: 2014-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A1015; A14A1016; A14A1017

    The Court partially reversed the trial court's findings in consolidated appeals arising out of the plaintiff's lawsuit against attorneys based on their representation of a trust, of which the plaint

  • Davidson v. Meticulously Clean Sweepers LLC

    Publication Date: 2014-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Katherine McArthur and Caleb Walker The Law Firm of Kathy McArthur, Macon, for appellant.
    for defendant: . Henry Green and Daniel Moriarty Green & Sapp LLP, Atlanta, for appellee.
    Case Number: A14A1006

    The personal injury plaintiffs could not recover as a third-party beneficiary of the defendant independent contractor's agreement with a shopping center owner based on the independent contractor's

  • Thomas v. State Bank & Trust Co.

    Publication Date: 2014-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Angelo Merolla Merolla & Gold LLP, Atlanta, for appellant.
    for defendant: . Bryan Busch, Laura Mirmelli, Vanessa Suh Busch Slipakoff & Schuh LLP, and Tawana Johnson Unbounded Solutions Inc., Atlanta, for appellee.
    Case Number: A14A1403

    The plaintiff bank failed to meet its burden of showing that no genuine issue of material fact existed regarding whether it was the current holder of the promissory notes and guaranty under which it

  • Yellow Creek Invs. LLC v. Multibank 2009-1 CRE Venture LLC

    Publication Date: 2014-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Eric Chofnas, Alpharetta, for appellant.
    for defendant: . Jason Wright Morris, Manning & Martin LLP, Atlanta, for appellee.
    Case Number: A14A1093

    The trial court was permitted to order a resale of property after the unsuccessful confirmation of a foreclosure sale pursuant to O.C.G.A. § 44-14-

  • Jurden v. HSBC Mortg. Corp.

    Publication Date: 2014-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Christopher McClurg, Lawrenceville, for appellant.
    for defendant: Amanda Wilson Burr & Forman LLP, Atlanta, for appellee.
    Case Number: A14A1218

    The plaintiff could prove no set of facts that would entitle him to relief in support of his suit against a bank for wrongful foreclosure, fraud and unjust enrichment involving a house the plaintiff

  • Holcomb v. Long

    Publication Date: 2014-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Warren Coppedge and Daniel Laird Coppedge & Evans PC, Dalton, for appellant.
    for defendant: Frank Jenkins and Robert Walker Jenkins & Bowen PC, Cartersville, for appellee.
    Case Number: A14A0815

    The defendant was entitled to civil immunity under the Equine Activities Act, since the plaintiff was unable to prove that the defendant provided faulty equipment or that the defendant willfully dis