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  • Main Street Burger, Inc. v. Estate of David W. Collier et al.

    Publication Date: 2024-08-14
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Beth Hilscher, (Beth Sebring Hilscher), Suwanee, Aaron Block, Max Marks, (The Block Firm LLC), Atlanta, for appellant.
    for defendant: Bryan Henderson, Tucker, Jon David Huffman, Timothy Andrews, (Poole Huffman, LLC), Tucker, for appellee; Fred Bentley, Jamie Wingler, (Attorney at Law), Marietta, for other party.
    Case Number: A24A0531

    Court partially reverses lease termination rights, finding that trial court misinterpreted a lease provision, and affirms injunction that was intended to maintain the status quo in a property dispute

  • Sanchez Curtis et al. v. Roe

    Publication Date: 2024-08-09
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Craig Long, (Craig Long, LLC), Cumming, for appellant.
    for defendant: John Neville, (Neville Law, LLC), Cumming, for appellee.
    Case Number: A24A0297

    Court affirms summary judgment in favor of a seller in a failed real estate transaction but reverses attorney fees award for seller because underlying contract was void

  • Brown et al. v. Green Growth 2, LLC

    Publication Date: 2024-08-08
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Chauncey Barnwell, (Chauncey Napoleon Brown Barnwell, PC), Atlanta, for appellant.
    for defendant: Elsie Chisholm, Lucas Bradley, Gregroy Finch, (Bouhan Falligant LLP), Savannah, Chase Lyndale, (Bradley Arant Boult Cummings), Atlanta, for appellee.
    Case Number: A24A0270

    Court vacates and remands summary judgment order in quiet title action due to death of an adverse claimant party

  • Vourvoulias et al. v. Cash

    Publication Date: 2024-08-05
    Practice Area: Damages | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Halsey Knapp, Christopher Adams, (Krevolin Horst, Inc.), Atlanta, for appellant.
    for defendant: Warner Hodges, Cumming, for appellee; John Neville, (Neville Law, LLC), Cumming, for other party.
    Case Number: A24A0285

    Court affirms denial of attorney fees in property dispute case where petitioner sought equitable relief but nor money damages, clarifying the application of OCGA § 9-11-68

  • Marion A. Allen, Inc. et al. v. Blake C. Johnston et al.

    Publication Date: 2024-07-23
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Charles Adams, (Adams Law Firm), Fort Valley, Joseph Bloodworth, (Bush, Crowley, Leverett & Leggett, LLP), Macon, for appellant.
    for defendant: John Fox, (Adams, Hemingway & Wilson, LLP), Macon, for appellee.
    Case Number: A24A0213

    Court reverses denial of summary judgment in real estate fraud case, concluding that there was no factual dispute that property purchasers had failed to exercise due diligence after notice of defect

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    Lancaster County & Berks County Court Rules 2024

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  • Preview Restaurants, LLC v. Shops At 2221 Peachtree, LLC

    Publication Date: 2024-07-23
    Practice Area: Contracts | Real Estate
    Industry: Hospitality and Lodging | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Cheng, (Attorney at Law), Atlanta, for appellant.
    for defendant: Katherine Silverman, (Berman Fink Van Horn P.C.), Atlanta, for appellee.
    Case Number: A24A0237

    Court affirms lease termination and admissibility of restoration cost estimate as a non-hearsay business record in a commercial dispossessory case

  • Gyllstrom et al. v. The Blue Stone Condominium Association, Inc. et al.

    Publication Date: 2024-07-19
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: George Kimel, (Attorney at Law), Norcross, Julie Liberman, (Julie A. Liberman, LLC), Marietta, for appellant.
    for defendant: Linda Pollock, Joanna Eljazzar, (Lazega & Johanson), Atlanta, for appellee.
    Case Number: A24A0550

    Court reverses dismissal of complaint in a dispute over a condominium Board's actions, finding that the Board had waived dispute resolution procedures by its action in declaring the matter closed

  • Razavi v. Emily

    Publication Date: 2024-07-10
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Ehsan Razavi, Atlanta, Dale Montpelier, (The Garza Law Firm), Knoxville, for appellant.
    for defendant: Jay Shreenath, (Shreenath and Associates), Austell, for appellee.
    Case Number: A24A0289

    Court affirms findings of trespass finding and property rights but reverses damages award for conversion, and vacates attorney fees award with direction for clarification of basis of that award

  • Department of Transportation v. Star Land Holdings, LLC et al.

    Publication Date: 2024-07-09
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Carr, Logan Winkles, (Attorney General), Atlanta, Warren Power, (Power & Jaugstetter, P.C.), McDonough, Jacqueline Kennedy-Dvorak, Ruth Snell, (Power Snell, P.C.), McDonough, Amy Patterson, (Georgia Law Department), Atlanta, for appellant.
    for defendant: Jordan Walker, (Sever Storey Walker), Carmel, for appellee; Melanie Wilson, Tracy Lettsome, (Gwinnett County Department of Law), Lawrenceville, other party.
    Case Number: A24A0183

    Court affirms setting aside of declaration of taking due to DOT's non-compliance with property owner's rights under the the Landowner's Bill of Rights and Private Property Protection Act of 2006

  • Apple Pie Ridge Homeowners Association, Inc. v. Andrews et al.

    Publication Date: 2024-07-04
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brandon Wagner, (Lueder Larkin & Hunter, LLC), Alpharetta, for appellant.
    for defendant: P. Freed, Brian Goldberg, (Freeman Mathis & Gary LLP), Atlanta, for appellee.
    Case Number: A24A0244

    Court affirms summary judgment favoring property owners in covenant dispute, deeming lots exempt from homeowners association's declaration