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  • Cowart v. Georgia Power Company

    Publication Date: 2022-02-01
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Fried, (Fried Bonder White, LLC), Atlanta, for appellant.
    for defendant: Anthony Powell, Jay Crowley, (Powell & Edwards), Lawrenceville, Wesley Ross, (Webb, Tanner & Powell), Lawrenceville, for appellee.
    Case Number: A21A1805

    Court affirms contempt order over appellant's challenge in an easement dispute, finding proper subject matter jurisdiction and authority to modify prior order

  • Blount et al. v. College Glen Condominium Association, Inc.

    Publication Date: 2022-01-07
    Practice Area: Discovery | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Adam Cain, (Law Offices of Adam M. Cain LLC), Athens, for appellant.
    for defendant: Scott Stevens, (Howe Law Firm), Alpharetta, for appellee.
    Case Number: A21A1626

    Court affirms summary judgment on a condominium association's complaint for unpaid assessments based on unanswered requests for admission.

  • The Mark A. Schneider Revocable Trust v. Hardy

    Publication Date: 2021-12-30
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mark Schneider, Lindsay Kennedy, (Mark A. Schneider P.A.), Fort Lauderdale, for appellant.
    for defendant: Alan Norton, (Luther-Anderson, PLLP), Chattanooga, for appellee.
    Case Number: A21A1461

    Court Erred in Granting Motion to Dismiss Complaint as Barred by the Statute of Limitation in Reliance on Matters Outside Complaint and Answer

  • Kempton v. Southern Flavor Real Estate, LP

    Publication Date: 2021-12-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Waymon Harrell, (Attorney at Law), Perry, for appellant.
    for defendant: Christopher Conley, (James Bates Brannan Groover, LLP), Macon, for appellee.
    Case Number: A21A1551

    Court affirmed summary judgment in favor of a greenhouse operator and against neighbor's claims of nuisance due to excess light that is emitted from the greenhouse

  • RCC Wesley Chapel Crossing, LLC et al. v. Forrest Allen et al.

    Publication Date: 2021-12-27
    Practice Area: Class Actions | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Walter J. Bibbins, Brittanie Danielle Browning, John E. Hall, Jr., (Hall Booth Smith, P.C.), Atlanta, Ryan Matthew Ingram, David Patrick Conley, Marie Wilcox, (Moore Ingram Johnson & Steele, LLP), Marietta, Kenan G. Loomis, (Cozen O'Connor), Atlanta, for appellant.
    for defendant: Frank Mitchell Lowrey, Joshua Ferber Thorpe, (Bondurant, Mixson & Elmore, LLP), Atlanta, Matthew Quinn Wetherington, Sr., Robert Neil Friedman, (Wetherington Law Firm), Atlanta for appellee; Andrew Alan Pinson, (Department of Law), Atlanta; John Colquitt Rogers, (Carlock, Copeland & Stair, LLP), Atlanta, Kimberly D. Stevens, Willie C. Ellis, Jr., LeRyan Paige Lambert, (Hawkins Parnell & Young, LLP), Atlanta, for Amicus Appellant.
    Case Number: S21G0029

    Court vacates and remands a class action case that addressed a private property owner's right to immobilize vehicles improperly parked on the owner's property

  • 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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  • Amason v. Highland Park Homeowners' Association, Inc.

    Publication Date: 2021-12-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, David Rhodus, (Rhodus Law Firm), Peachtree Corners, for appellant.
    for defendant: John Lueder, Zachary Trippe, (Lueder, Larkin & Hunter LLC), Alpharetta, for appellee.
    Case Number: A21A1339

    Court affirms summary judgment in favor of a homeowners' association and rejects property owner's claims of res judicata over claims of covenant violations

  • Rockdale County v. U.S. Enterprises, Inc. et al.

    Publication Date: 2021-12-02
    Practice Area: Constitutional Law | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Chief Justice Nahmias
    Attorneys: For plaintiff: William Joseph Linkous, (Hall County Law Department), Gainesville, Mirza Qader Ali Baig, (M. Qader A. Baig & Associates, LLC), Conyers, for appellant.
    for defendant: Roy E. Barnes, Benjamin Robert Rosichan, (The Barnes Law Group, LLC), Marietta, Richard A. Carothers, (Carothers & Mitchell, LLC), Buford, for appellee.
    Case Number: S21A0718

    County Ordinance's Definition of Prohibited "Truck Stop" Was Not Unconstitutionally Vague

  • Deerlake Homeowners Association, Inc. v. Brown

    Publication Date: 2021-11-24
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Joanna Eljazzar, (Lazega & Johanson LLC), Atlanta, for appellant.
    for defendant: Craig Brown, Suwanee, for appellee.
    Case Number: A21A1090

    Trial Court Properly Found that Homeowners Association Was Not Entitled to Injunctive Relief in Action Alleging That Real Property Is a 'Lot'

  • Dekalb County Board of Tax Assessors v. Barrett

    Publication Date: 2021-11-22
    Practice Area: Real Estate | Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Richard Carothers, (Attorney at Law), Buford, Brian Dempsey, (Carothers & Mitchell, LLC), Buford, for appellant.
    for defendant: Edward Webb, (Webb, Klase & Lemond, LLC), Atlanta, for appellee.
    Case Number: A21A1032

    Trial Court Properly Found That Property Owner Was Entitled to Two-Year Freeze on Taxable Values of His Properties for Two Taxable Years

  • Browne & Price, P. A. v. Innovative Equity Corporation

    Publication Date: 2021-11-16
    Practice Area: Contractual Disputes | Legal Malpractice | Real Estate
    Industry: Legal Services | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Kim Jackson, Joseph Harris, (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, Nashville, for appellant.
    for defendant: Stacey Carroll, (Carroll Law Firm LLC), Atlanta, David Houtsma, (David Houtsma Law Firm LLC), Cumming, Angie Walton, (Law Offices of Angie M. Walton, P.C.), Atlanta, for appellee.
    Case Number: A21A1005

    Disputed Issues of Fact Presented as to Whether "Liquidated Damages" Reflected Reasonable Pre-Estimate of Actual Damages