• Department of Transportation v. Mixon

    Publication Date: 2021-10-28
    Practice Area: Constitutional Law | Government | Real Estate
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Christopher M. Carr, Loretta L. Pinkston-Pope, Kathleen S. Turnipseed, Angela Ellen Cusimano, (Department of Law), Atlanta, Kathleen M. Pacious, (Office of the Attorney General), Atlanta, for appellant.
    for defendant: Douglas Lamar Gibson, (Gibson & Associates, PC), Waycross, for appellee.

    Case Number: S20G1410

    Sovereign Immunity Did Not Bar Landowner's Claim for Injunctive Relief Based on Alleged Flooding Following Road-Widening Project

  • Ochoa et al. v. Coldwater Creek Homeowners Association, Inc.

    Publication Date: 2021-10-25
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: William Arroyo, (William H. Arroyo & Associates), Tucker, for appellant.
    for defendant: Jason Voyles, (Hulsey, Oliver & Mahar, LLP), Gainesville, for appellee.

    Case Number: A21A0914

    Court affirms summary judgment in favor of a property owners' association regarding covenant violations but reverses as to the amount of the Association's recovery

  • ALR Oglethorpe, LLC et al. v. Fidelity National Title Insurance Company

    Publication Date: 2021-10-22
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kathryn Pinckney, Brent Savage, (Savage Turner & Pinckney PC), Savannah, for appellant.
    for defendant: Dana Diment, (Diment Carroll LLP), Carrollton, Robert Lovett, (FisherBroyles, LLP), Savannah, Samantha Gunnison, (Diment Porterfield LLP), Carrollton, for appellee.

    Case Number: A21A0989

    Court affirms summary judgment for title company and against a developer in a matter involving a title abstract that omitted to identify the beneficiary of an easement

  • U. S. Bank Trust National Association as Delaware Trustee et al. v. Chieftain Atlanta, L. P.

    Publication Date: 2021-10-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Sean Quirk, (Shapiro Pendergast & Hasty, LLP), Atlanta, for appellant.
    for defendant: James Blum, (Blum & Campbell, LLC), Peachtree Corners, for appellee; Jasmyne Jackson, Macon, Jacorrey Howard, Macon, for other party.

    Case Number: A21A0796

    Court reverses denial of summary judgment for a holder of a first security interest in a property where a forged cancellation had purportedly cancelled the holder's lien

  • Vazemiller et al. v. Sanders

    Publication Date: 2021-08-19
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Turner, (Schulten Ward & Turner, LLP), Atlanta, Kevin McDonough, (Attorney at Law), Cumming, Deborah Pittman, (Miles Hansford and Tallant, LLC.), Cumming, for appellant.
    for defendant: Warner Hodges, Cumming; Theodore Spaulding, Cumming, Jeremy Hayes, (Spaulding Law LLC), Cumming, for other party.

    Case Number: A21A1151

    Trial Court Erred in Concluding That Purchasers of Land Had Notice of Purported Landowner's Deed and Could Not Qualify as Bona Fide Purchasers for Value

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    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Cross et al. v. Wilmington Trust, National Association, solely as trustee for Mfra Trust 2014-2

    Publication Date: 2021-08-12
    Practice Area: Bankruptcy | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: James Key, (Attorney at Law), Atlanta, for appellant.
    for defendant: Tania Tuttle, Sarah Monico, (McLain & Merritt PC), Alpharetta for appellee.

    Case Number: A21A0545

    Issues of Fact Exist as to Whether Parties Intended That Entire Property Serve as Collateral for Purchase Money Loan

  • Gastel v. Dekalb County et al.

    Publication Date: 2021-08-11
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: George Butler, (Attorney at Law), Dahlonega, for appellant.
    for defendant: Bennett Bryan, (DeKalb County Law Department), Decatur, John Jones, (Assistant County Attorney), Decatur, for appellee.

    Case Number: A21A0032

    Trial Court Erred in Characterizing Lawsuit Challenging Denial of Zoning Variance Request as Mandamus Action

  • Steward et al. v. Arandia et al.

    Publication Date: 2021-08-10
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Robert Stansfield, (Attorney at Law), Covington, for appellant.
    for defendant: Jeffrey Barnes, (Barnes Firm LLP), Atlanta, for appellee.

    Case Number: A21A0418

    Trial Court Erred in Considering Affidavit Submitted in Support of Survey; Remanded for Court to Reconsider Survey's Admissibility

  • Waters v. Waters

    Publication Date: 2021-08-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jeffrey Butler, (Woodward & Butler, LLC), Augusta, for Appellant.
    for defendant: James Overstreet, Katherine Williams, (Klosinski Overstreet, LLP), Augusta, for Appellee

    Case Number: A21A0092

    Court reverses partial summary judgment grant where material questions of fact existed as to the identity of the person who signed a warranty deed in a land transfer.

  • Sloans v. The State

    Publication Date: 2021-08-02
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jordan Van Matre, (The Law Office of Jordan K. Van Matre, P.C.), McDonough, for Appellant.
    for defendant: Fani Willis, Paul Howard, Mathew Plott, (Fulton County District Attorney's Office), Atlanta, for Appellee.

    Case Number: A21A0125

    Court reverses partial summary judgment grant where material questions of fact existed as to the identity of the person who signed a warranty deed in a land transfer.