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  • Synovus Bank v. Kelley

    Publication Date: 2020-09-21
    Practice Area: Bankruptcy | Real Estate
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: David Allen Garland, Stephan Alan Ray, (Moore, Clarke, Duvall And Rodgers P.C.), Albany, for appellant.
    for defendant: Walter W. Kelley, (Kelley, Lovett, Blakey & Sanders, P.C.), Albany, Thomas Dozier Lovett, Thomas Dozier Lovett, (Kelley, Lovett, Blakey & Sanders, P.C.), Valdosta, for appellee.
    Case Number: S20Q0843

    Judgment Creditor's Lien on Debtor's Real Property Was Not Created Until Judgment Was Recorded

  • JPMorgan Chase Bank, N. A. v. Delpiano et al.

    Publication Date: 2020-09-16
    Practice Area: Creditors' and Debtors' Rights | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A20A1084

    Court reverses denial of bank's motion for summary judgment in a case seeking reformation of a deed and remands for further proceedings

  • Saks Management And Associates, LLC. v. Sung General Contracting, Inc. et al.

    Publication Date: 2020-09-11
    Practice Area: Contractual Disputes | Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: David Cooper, Christopher Hoffman, Taylor Owens, (Kitchens Kelley Gaynes, P.C.), Atlanta, for appellant.
    for defendant: David Walker, (Walker Law Firm), Stone Mtn, George Kimel, (Attorney at Law), Norcross, for appellee.
    Case Number: A20A1085

    Unlicensed Contractor Could Not Rely on Repair Rule Exemption to Statutory Rule Rendering Construction Contract Unenforceable

  • Holman et al. v. Glen Abbey Homeowners Association, Inc. et al.

    Publication Date: 2020-08-20
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Jason LoMonaco, (NowackHoward, LLC), Atlanta, Martin Shelton, (Lewis Brisbois), Atlanta, for appellant.
    for defendant: Jason LoMonaco, (NowackHoward, LLC), Atlanta, for appellee.
    Case Number: A20A0895

    Attempt by a subgroup of owners of lakeside lots in an Association to pass lake repair costs to all members was declared invalid

  • McCalla Raymer, LLC v. Foxfire Acres, Inc.

    Publication Date: 2020-08-19
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Alan Snipes, (Page, Scrantom, Sprouse, Tucker & Ford, PC), Columbus, for appellant.
    for defendant: James Patrick, (Attorney at Law), Columbus, for appellee. Monica Gilroy, (The Gilroy Firm), Alpharetta, for other party.
    Case Number: A20A0159

    Court reverses denial of summary judgment on fraud and other causes but affirms denial on breach of contract in a title dispute over foreclosure auction property purchase

  • Doxey v. Crissey, et al.

    Publication Date: 2020-08-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Hylton Dupree, Blake Carl, (Dupree & Kimbrough, LLP), Marietta, for appellant.
    for defendant: Robert Beard, (Attorney at Law), Marietta, Richard Calhoun, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, for appellee.
    Case Number: A20A0443

    Court vacates injunction that precluded a landowner from blocking a bridle trail easement and remands for consideration of the impact of trail's use on the landowner

  • Howell v. Lochwolde Homeowners Association, Inc.

    Publication Date: 2020-07-21
    Practice Area: Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Paul Andrew, (Andrew, Merritt, Reilly & Smith), Lawrenceville, for appellant.
    for defendant: Jody Campbell, (Blum & Campbell, LLC), Peachtree Corners, for appellee.
    Case Number: A20A0608

    C Ruling Upholding Enforceability of Restrictive Building Covenants Not Supported by Factual Findings

  • Georgia Department of Transportation v. Mixon

    Publication Date: 2020-07-09
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Attorney General), Atlanta, Angela Cusimano, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: Douglas Gibson, (Gibson & Associates, PC), Waycross, for appellee.
    Case Number: A20A0690

    Sovereign Immunity Was Waived for Nuisance Claim; Inverse Condemnation Claim Arose Out of Alleged Nuisance to Which Sovereign Immunity Is Inapplicable

  • Denhardt v. Sparks

    Publication Date: 2020-07-01
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Tynesha Walls, (Rhodes Walls Law Office, LLC), Snellville, Eddie Denhardt, Atlanta, for appellant.
    for defendant: Allison Jett, (Jett Law Group, LLC), Atlanta, for appellee.
    Case Number: A20A0482

    Court affirms dismissal of the holder of a judgment lien's claim to excess funds from a real estate tax sale because he had no interest in the underlying parcel of real estate

  • Tyner v. Edge et al.

    Publication Date: 2020-06-25
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Christopher Elrod, (Attorney at Law), Oakwood, for appellant.
    for defendant: Jason Kim, Samuel Bagwell, (Kim and Bagwell, LLC), Gainesville, for appellee.
    Case Number: A20A0265

    Court affirms summary judgment in a quiet title action in favor of a purchaser that redeemed back taxes and properly foreclosed on a parcel of commercial property