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  • Nofree, LLC v. The State of Georgia

    Publication Date: 2024-12-23
    Practice Area: Environmental Law | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Melinda White, Brunswick, Brian Lea, David Nahmias, Sarah Welch, (Jones Day), Atlanta, William Ligon, (Ligon, Middleton & Lindberg, P.C.), Brunswick, Lloyd Murray, (Lloyd D. Murray, Sr., Attorney at Law), Richmond Hill, for appellant.
    for defendant: Christopher Carr, Margaret Eckrote, Andrea Hartung, Robin Leigh, (Attorney General), Atlanta, James Chamberlin, (Attorney at Law), Brunswick, for appellee; Charles Dixon, (Attorney at Law), Richmond Hill, Tiffany Billings, (Atlantic Circuit Superior Court), Hinesville, for other party.
    Case Number: A24A0969

    Court rules marshland title remains with the State under Protection of Tidewaters Act, notwithstanding contradictory land grant that purported to divest land to a private owner

  • Lowe Construction and Development, LLC et al. v. Hudgins et al.

    Publication Date: 2024-12-23
    Practice Area: Dispute Resolution | Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: P. Freed, George Green, Zachary Waldrop, (Freeman Mathis & Gary LLP), Atlanta, for appellant.
    for defendant: Eugene Benton, (Benton & Preston, P.C.), Monroe, William Waters, (Ballard, Stephenson & Waters), Covington, for appellee; Brian Linkowski, (Fidelity National Law Group), Atlanta, Thomas Richelo, (Richelo Law Group LLC), Atlanta, Kevin Epps, (Epps, Holloway, DeLoach & Hoipkemier, LLC), Watkinsville, for other party.
    Case Number: A24A1647

    Court reverses denial of a motion to compel arbitration in property boundary dispute, emphasizing broad scope of arbitration clause in a land purchase agreement

  • Allen et al. v. Harris

    Publication Date: 2024-12-11
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Kevin Bahr, (Kevin J. Bahr, P.C.), Atlanta, Melissa McMullen, Brian Neary, (Webb Zschunke Neary & Dikeman, LLP), Atlanta, for appellant.
    for defendant: Todd Poole, (Poole Huffman, LLC), Tucker, Scott McMahan, (Poole Huffman, LLC), Decatur, for appellee.
    Case Number: A24A0822

    Court reverses denial of of sellers' summary judgment motion in a home defect and fraud case, concluding that buyer could not show fraud or negligence for lack of disclosure of water intrusion

  • Madden v. New Zion Baptist Church of Atlanta, Inc. et al.

    Publication Date: 2024-12-04
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Coleman, Ellenwood, for appellant.
    for defendant: Tegra Watkins, (Watkins Legal LLC), Decatur, for appellee.
    Case Number: A24A0884

    Court vacates ruling in a property dispute for lack of proper notice of a hearing and an opportunity for respondent to prepare and amend an answer

  • Lee v. Deutsche Bank National Trust Company

    Publication Date: 2024-12-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Walter Adams, James Yancey, (Attorney at Law), Brunswick, for appellant.
    for defendant: Monika Scott, (Fidelity National Law Group), Atlanta, James Yancey, (James A. Yancey, Jr,. Attorney at Law, P.C.), Brunswick, Bret Chaness, (Rubin Lublin, LLC), Peachtree Corners, for appellee.
    Case Number: A24A0514

    Court reverses summary judgment that had been in favor of a holder of a security interest on quiet title and declaratory judgment claims, finding a factual dispute over deed authenticity

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    Lancaster County & Berks County Court Rules 2024

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  • Liggins et al. v. Parkwood Living, LLC

    Publication Date: 2024-11-25
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellant.
    for defendant: John Clark, (Clark Caskey, LLC), Atlanta, for appellee.
    Case Number: A24A1534

    Court reverses summary judgment and damages award that had been in favor of a purchaser in a property sale contract dispute, and dismisses purchaser's cross-appeal for attorney fees

  • Barnes et al. v. Tillery

    Publication Date: 2024-11-19
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Lisa Barnes, Stewart Barnes, Benjamin Barnes, Kaitlyn Barnes, Macon, for appellant.
    for defendant: R. Anderson, (Attorney at Law), Macon, for appellee.
    Case Number: A24A0699

    Court reverses denial of a motion to dismiss an action to void a property transfer case because the action was time-barred under the Uniform Voidable Transactions Act

  • Humble v. Opendoor Property J., LLC

    Publication Date: 2024-11-18
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Jerry Carter, (Attorney at Law), Gainesville, Julie Liberman, (Julie A. Liberman, LLC), Marietta, for appellant.
    for defendant: Brian Linkowski, (Fidelity National Law Group), Atlanta, for appellee; John Baker, (Attorney at Law), Athens, for other party.
    Case Number: A24A0823

    Court reverses summary judgment in property collateral dispute, highlighting contract interpretation over a scrivener's error and open issues of fact that precluded summary judgment

  • YKH Realty, LLC et al. v. Georgia Department of Transportation

    Publication Date: 2024-11-07
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Warren Coppedge, (Coppedge & Associates, P.C.), Dalton, for appellant.
    for defendant: Christopher Carr, Frances Mulderig, (Georgia Attorney General’s Office), Atlanta, Henry Tharpe, (Tharpe Law Firm, LLC), Dalton, Anne Sapp, (Anne W. Sapp, P.C.), Atlanta, for appellee.
    Case Number: A24A0888

    Court reverses dismissal of notices of appeal and part of a summary judgment grant that had been in favor of Department of Transportation in a condemnation compensation dispute

  • Columbia County v. Satcher et al.

    Publication Date: 2024-11-01
    Practice Area: Constitutional Law | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Cathey, Fort Gordon, James Ellington, William Keogh, (Hull Barrett PC), Augusta, for appellant.
    for defendant: James Trotter, (Trotter Jones, LLP), Augusta, Harry Revell, Alexander Revell, (Nicholson Revell LLP), Augusta, William Trotter, (William A. Trotter, III, P.C.), Augusta, for appellee.
    Case Number: A23A0774

    On remand from the Georgia Supreme Court, court vacates an injunction against Columbia County and remands to determine whether the injunction exceeded limits on sovereign immunity