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  • Boring v. State Bank and Trust Co.

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: George E. Butler II, Dahlonega, for appellant.
    for defendant: . Kathryn E. Baird, Brendan H. Parnell Quirk & Quirk LLC, Atlanta, Kenneth P. Robin and Richard J. Dreger, Roswell, for appellee.
    Case Number: A10A1106

    The bank had the requisite legal standing to bring its confirmation action against the guarantors of commercial loans, since a confirmation proceeding is a limited statutory proceeding, in which an

  • Foxworthy Inc. v. Ferdinand

    Publication Date: 2010-12-10
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Amelia T. Phillips Phillips Law LLC, Alpharetta, for appellant.
    for defendant: William S. Sams, Matthew C. Welch, Kaye W. Burwell and R. David Ware County Attorney's Office, Atlanta, for appellee.
    Case Number: S10A2048

    Plaintiff not entitled to statutory interest when the trial court granted his money rule petition against defendant be defendant refused and delayed plaintiff's demand for payment for good

  • Goldsmith v. Peterson

    Publication Date: 2010-12-10
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Alan I. Begner and Cory G. Begner Begner & Begner PC, Atlanta, for appellant.
    for defendant: . Emory A. Schwall, Atlanta, for appellees.
    Case Number: A10A0989

    Appellants' challenge to the validity of real estate purchase and sales agreement did not amount to a waiver of their right to enforce the agreement's liquidated damages provision, and thus the tria

  • Deutsche Bank Nat'l Trust Co. v. JP Morgan Chase Bank N.A.

    Publication Date: 2010-12-10
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John R. Grimes Lefkoff, Duncan, Grimes, Miller & McSwain PC, Atlanta, for appellant.
    for defendant: Edward D. Burch Jr. Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A10A1509

    In an action arising from the parties' competing foreclosure sales, the appellee bank was entitled to protection as a good faith purchaser of foreclosed property based on a notarized, recorded warra

  • Meadow Springs LLC v. IH Riverdale LLC

    Publication Date: 2010-12-10
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William B. Brown and Jacqueline Marcucci Heyman & Sizemore LLC, Atlanta, for appellant.
    for defendant: David L. Pardue Adorno & Yoss LLC and Christopher S. Badeaux Hartman, Simons, Spielman & Wood LLP, Atlanta, for appellees.
    Case Number: A08A2030

    Because appellees' personalty interest did not involve real estate, its lis pendens action against certain property was in

  • McChesney v. IH Riverdale LLC

    Publication Date: 2010-12-10
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William B. Brown Heyman & Sizemore LLC and Michael McChesney, Atlanta, for appellant.
    for defendant: Kristen A. Yadlosky Hartman, Simons, Spielman & Wood LLP and Geffrey Nolan Wilson & Nolan, Atlanta, for appellees.
    Case Number: A09A0979

    Because appellees' personalty interest did not involve real estate, its lis pendens action against certain property was in

  • Shaw v. Robertson

    Publication Date: 2010-12-03
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Lisa T. Millican, Atlanta, for appellant.
    for defendant: Monica K. Gilroy, Tania T. Trumble Dickenson Gilroy LLC and James K. Creasy III, Atlanta, for appellees.
    Case Number: A10A1314

    Since reasonably accessible public documents, namely FEMA maps, would have revealed that the property in question was located in a flood zone, the sellers did not have a burden to disclose such

  • Sarif v. Novare Group Inc.

    Publication Date: 2010-12-03
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Wallace H. Ehrenclou and James R. Fletcher II Weinstock & Scavo PC, Atlanta, for appellant.
    for defendant: . William N. Withrow Jr., Thomas E. Reilly, and Brian P. Watt Troutman Sanders LLP, Atlanta, for appellees.
    Case Number: A10A0972

    The plaintiffs' claims alleging fraud in the inducement by active concealment, negligent misrepresentation, negligent supervision and violation of the Georgia Fair Business Practices, arising from t

  • Nuci Phillips Mem'l Found. Inc. v. Athens-Clarke County Bd. of Tax Assessors

    Publication Date: 2010-11-19
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jason C. Warnes II Timmons, Warnes & Ladisch LLP, Athens, for appellant.
    for defendant: William C. Berryman Jr., County Attorney, and Amy S. Gellins County Attorney's Office, Athens, for appellee.
    Case Number: S10G0448

    The trial court correctly affirmed the county Board of Equalization's grant of an ad valorem tax exemption to a charitable Foundation, which provides a safe haven for musicians and any others coping

  • Atlantic Station LLC v. Vratsinas Constr. Co.

    Publication Date: 2010-11-19
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael H. Shanlever and John I. Spangler III Alston & Bird LLP, Atlanta, for appellant.
    for defendant: Kent P. Smith and Stephen G. Joy Smith, Currie & Hancock LLP, Atlanta, for appellee.
    Case Number: A10A1134

    The appellant waived its right to stay arbitration in a dispute over $4.5M in invoices rendered from 1999-2004 in connection with development consulting services provided in connection with the cons