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  • 129 Acres, Inc. v. Atlanta Business Bank

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John A. Christy Schreeder, Wheeler & Flint and Philip R. Green King & Spalding LLP, Atlanta, for appellant.
    for defendant: Ana M. Rountree Rountree Law Firm, Dallas, for appellee.
    Case Number: A11A1319

    O.C.G.A. § 44-14-161 a does not require that all guarantors of a deed to secure debt be named in the initial report of a foreclosure sale under power that is filed for confirmation by the trial

  • Metro Land Holdings Investments LLC v. Bank of America NA

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Philip R. Green King & Spalding LLP and John A. Christy Schreeder, Wheeler & Flint, Atlanta, for appellant.
    for defendant: Thomas E. Reilly and Claiborne B. Smith Troutman Sanders LLP, Atlanta, for appellee.
    Case Number: A11A1285

    The trial court was entitled to believe the creditor's expert's opinion that the fair market value of one property on the date of the foreclosure sale was lower than his initial written appraisal d

  • Eayrs v. Wells Fargo Bank NA

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Edwin A. Tate II Seacrest, Karesh, Tate & Bicknese, Atlanta, for appellant.
    for defendant: . Paul M. Baisier, Sara M. LeClerc and Stephanie H. Philips Seyfarth Shaw LLP, Atlanta, for appellee.
    Case Number: A11A1356; A11A1357

    The appellants failed to show that the creditor's scheduling and cancelling of five successive foreclosure sales over a 6-month period caused the foreclosed properties to sell for less than their fa

  • Leone v. Green Tree Servicing LLC

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kyunna S. Leone, Whitesburg, proceeded pro se. Robert J. Solomon Kenney, Solomon & Medina PC, Duluth, for appellee.
    for defendant:
    Case Number: A11A1482

    The Court assessed a $1K frivolous appeal penalty against the plaintiff debtor for attempting to abuse the judicial system in an effort to avoid her contractual obliga

  • Host Int'l Inc. v. Clayton County

    Publication Date: 2011-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: W. Scott Wright, Jennifer N. Ide and Madison J. Barnett Sutherland Asbill & Brennan LLP, Atlanta, for appellant.
    for defendant: Jack R. Hancock Freeman Mathis & Gary LLP, Forest Park, and Brian R. Dempsey, Atlanta, for appellees.
    Case Number: A11A1314

    Collateral estoppel did not bar the plaintiff's suit challenging the constitutionality of O.C.G.A. § 6-3-21 and seeking the refund of taxes paid to Clayton county for the years 1999-2005 for certain

  • Ivy Rd. Properties LLC v. First Citizens Bank and Trust Co.

    Publication Date: 2011-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Debbie A. Wilson Schreeder Wheeler & Flint and Cory S. Menees Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: . Mathew A. Schuh Busch Slipakoff & Schuh LLP, Atlanta, for appellee.
    Case Number: A11A1261

    The appellee sufficiently established the true market value of a 34.89-acre tract of land in unincorporated Cobb county, which the appellee purchased at a nonjudicial foreclosure sale for $1,533,000

  • Florez v. State of Georgia

    Publication Date: 2011-08-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Stephen B. Taylor and Charles W. Brannon Jr., Statesboro, for appellant.
    for defendant: Samuel H. Altman, District Attorney, Swainsboro, and Andrew J. Ekonomou and Michael G. Lambros The Lambros Firm LLC, Atlanta, for appellee.
    Case Number: A11A0929; A11A0930

    The Court vacated and remanded a default judgment entered against the defendants in a civil RICO action because the trial court entered the judgment premat

  • Jones v. Bill Garlen Real Estate

    Publication Date: 2011-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Sandra Jones and Lamont Harmon, Ludowici, proceeded pro se. David M. Conner The Conner Law Group PC, Savannah, for appellees. Rick Hayes, Jesup, proceeded pro se.
    for defendant:
    Case Number: A11A0812

    Any broker-client relationship between the appellees and the appellants, which the parties' first purchase and sales agreement may have created, ended when that first agreement failed due to a low a

  • Kensington Partners LLC v. Beal Bank Nevada

    Publication Date: 2011-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John A. Christy and Elizabeth L. Fite Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: . Michael D. Payne, John G. McCullough and Gregson T. Haan McCullough, Payne & Haan LLC, Atlanta, for appellee.
    Case Number: A11A1127

    The evidence clearly showed that the FDIC was acting as receiver for a defunct bank when it assigned loan documents to the plaintiff bank and the assignment included the defendants' personal guara

  • Bryant v. Cox Enters. Inc. d/b/a The Atlanta Journal Constitution

    Publication Date: 2011-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: L. Lin Wood Jr. Wood, Hernacki & Evans LLC and Nicole J. Wade Bryan, Cave, Powell & Goldstein LLP, Atlanta, for appellant.
    for defendant: Peter C. Canfield and Thomas M. Clyde Dow Lohnes, Atlanta, for appellees.
    Case Number: A11A0510

    Statements published in the Atlanta Journal Constitution about Richard Jewell were not actionable in a claim for defamation as the statements were substantially true or were non-literal comme