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  • Duke Builders, Inc. v. Massey et al.

    Publication Date: 2019-08-14
    Practice Area: Contractual Disputes
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Anthony Powell, (Powell & Edwards), Lawrenceville, Wesley Ross, (Webb, Tanner & Powell), Lawrenceville, for appellant.
    for defendant: Matthew Benson, Gerald Davidson, Brian Easley, (Mahaffey Pickens Tucker, LLP), Lawrenceville, for appellee.
    Case Number: A19A0570

    Court Reverses Order That Invalidated Materialman's Lien on Basis That Lien Amount Exceeded Statutory Maximum, Holding That Superior Court Erred by Denying Lienholder Opportunity to Amend Amount to Comply with Statutory Limits

  • Central Georgia Electric Membership Corporation v. Georgia Public Service Commission et al.

    Publication Date: 2019-08-14
    Practice Area: Contractual Disputes
    Industry: Energy | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: James Orr, (Eversheds Sutherland (US) LLP), Atlanta, for appellant.
    for defendant: Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Jeffrey Stump, (Assistant Attorney General), Atlanta, for appellee. Hugh Hunter, (Hunter & Hunter Attorneys at Law PC), Sylvania, for other party.
    Case Number: A19A0558

    Court Affirms Georgia Public Service Commission's Award of Right to Provide Electricity for New School Gymnasium to Legacy Provider, Accepting Commission's Characterization of Gymnasium Construction as Expansion of Existing Structure for Application of Grandfathering Provision in Georgia Territorial Electric Service Act

  • Patel v. Georgia Lottery Corporation

    Publication Date: 2019-08-09
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Kelly Burke, Ketan Patel, (Burke Lasseter LLC.), Warner Robins, Jared Lina, James Goldstein, (Goldstein & Hayes, P.C.), Atlanta, Mark Spix, (Attorney at Law), Atlanta, for appellant.
    for defendant: Christopher Carr, Bernadett Rosszer, (Office of the Attorney General), Atlanta, for appellee.
    Case Number: A19A0031

    In breach of contract action over denial of lottery winnings, court affirms transfer of case and reverses denial of interest for lottery claimant.

  • Oconee Federal Savings and Loan Association v. Brown et al.

    Publication Date: 2019-08-08
    Practice Area: Civil Appeals | Contractual Disputes | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: S. Malone, Gregory Taube, (Nelson Mullins Riley & Scarbrough, LLP), Atlanta, for appellant.
    for defendant: John Webb, (Attorney at Law), Stockbridge, Orion Webb, Miranda Hanley, (Smith Welch Webb & White, LLC), Stockbridge, for appellee. James Hurt, (Hurt Stolz, P.C.), Watkinsville, for other party.
    Case Number: A19A0040

    Earlier Appellate Court Opinion Established Bank's Right to Payment on Home Equity Line of Credit Debt

  • Wells v. Regions Bank

    Publication Date: 2019-08-01
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Strauss, (Attorney at Law), Covington, for appellant.
    for defendant: Paul Burke, Myles Levelle, Brian Moore, Vivian Fisher, (Drew Eckl & Farnham, LLP), Atlanta, for appellee. Gordon Wells, Conroe, for other party.
    Case Number: A19A0404

    Triable Issue of Fact as to Whether Construction Loan and Line of Credit Were Inextricably Linked

  • Gainesville Mechanical, Inc. v. Air Data, Inc.

    Publication Date: 2019-07-29
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Nicholas Papleacos, (Chamberlain, Hrdlicka, White, Williams & Aughtry), Atlanta, for appellant.
    for defendant: David Roberts, (Roberts Construction Law, LLC), Atlanta, for appellee.
    Case Number: A19A0518

    Court Affirms Trial Court's Order Confirming Arbitration Award Over Objection That Arbitrator Did Not Specify Method for Calculating Damages Where Written Award Could Be Interpreted to Have Calculated Damages Via an Acceptable Method

  • Northwest Georgia Contracting, LLC et al. v. St. Germain et al.

    Publication Date: 2019-07-25
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: W. Pettus, (Fain, Major & Brennan, P.C.), Atlanta, Sean Gill, (Gower Wooten Darneille, LLC), Atlanta, for appellant.
    for defendant: Brian Burkhalter, (Patel Burkhalter Law Group), Smyrna, Todd Poole, (Poole Law Group), Decatur, Oladimeji Ogunsola, (Miller & Martin PLLC), Atlanta, for appellee.
    Case Number: A19A0748

    Court Affirms Default Judgment for Defendants Who Did Not Respond to Complaint That Was Incorrectly Captioned as Amended Complaint but Vacates Damage Award That Included Award for Claims Not Raised by Plaintiffs

  • In Your Dreams, Inc. et al. v. Raisin's Ranch, LLC.

    Publication Date: 2019-07-17
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Mark Weinstein, (Law Offices of Mark Weinstein, PC), Cumming, for appellant.
    for defendant: Michael Bain, Douglas Flint, (Flint, Connolly & Walker, LLP), Canton, for appellee.
    Case Number: A19A0488

    Court Reverses Grant of Summary Judgment to Plaintiff Whose Basis for Claiming an Interest in the Property at Issue Had No Support in the Record

  • Thomaston Acquisition, LLC v. Piedmont Construction Group, Inc. et al.

    Publication Date: 2019-07-08
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Nathan L. Garroway, Jeffrey A Zachman, (Dentons US LLP), Atlanta, Gregory T. Wolf, (Dentons US LLP), Kansas City, for appellant.
    for defendant: Lee Malcolm Gillis, Jr., (James-Bates-Brannan-Groover-LLP), Macon, Duke Riley Groover, (James Bates Brannan Groover LLP), Macon, Jacquelyn Dessaure Smith, Matthew Glenn Moffett, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, Christopher James Arnold, Rufus D. Sams, III, (Jones Cork & Miller, LLP), Macon, Kathryn Malone Willis, (Adams, Hemingway & Wilson, LLP), Macon, for appellee.
    Case Number: S19Q0249

    Acceptance Doctrine Can Apply As Defense Against Claim Brought By Subsequent Purchaser of Allegedly Negligently Constructed Apartment Building

  • Heard v. Payne et al.

    Publication Date: 2019-07-02
    Practice Area: Contractual Disputes
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Thomas Lindsay, (Townley & Lindsay, LLC), Rossville, for appellant.
    for defendant: Melissa Hise, (Palmour Law Firm), Summerville, Albert Palmour, (Attorney at Law), Summerville, Jack Floyd, John Floyd, (Floyd Law Firm), Gadsden, Christopher Carr, (Attorney General), Atlanta, Brooke Heinz, Sarah McBrayer, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A19A0333

    Court Affirms Jury Verdict in Favor of Competing Claimant in Dispute Over Ownership of Winning Lottery Ticket Over Various Evidentiary Challenges