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  • In re Morrey

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Paula J. Frederick, General Counsel, and Rebecca A. Hall, Assistant General Counsel State Bar of country-regionGeorgiaplaceCityAtlantaJay H. Morrey Morrey Legal Group LLC, Norcross. Anthony B. Askew, Review Panel Chairperson King & Spalding LLP, CityAtlantaand Richard B. Chandler Jr. placeCityChandler, Britt, Jay & Beck LL, Buford.
    for defendant:
    Case Number: S10Y1528; S10Y1529

    An attorney, who misinformed his real estate clients that a leasing cap on their condo unit was enforceable and pursued frivolous litigation on their behalf was suspended for 18 m

  • Mid-Roc LLC v. First S. Nat'l Bank

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Christopher D. Britt Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: . Robert M. Mercer and Wendy L. Hagenau Bryan Cave Powell Goldstein, Atlanta, for appellee.
    Case Number: A10A0909

    The bank's expert testimony supported the trial court's finding that the property in question sold for its true market

  • Desmear Systems Inc. v. Vines

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Melvin T. Johnson, Stone Mountain, and K. Rochelle Laroche The Action Johnson Law Group LLC, Atlanta, for appellant.
    for defendant: A. Paul Moore Jr. Carlock, Copeland & Stair LLP, Atlanta, for appellee.
    Case Number: A10A1910

    If a real estate contract's financing contingency is not met, the contract is not binding and is unenforceable for lack of mutu

  • Parris Properties LLC v. Nichols; Nichols v. Parris Properties LLC

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Kenneth B. Hodges III Baudino Law Group PLC and Simon Weinstein, Atlanta, for Parris Properties. James B. Deal and Michael R. Dunham Gibson, Deal, Fletcher & Dunham PC, Norcross, for Nichols.
    for defendant:
    Case Number: A10A1029; A10A1030; A10A1031

    An easement authorized the removal and replacement of a malfunctioning or worn-out sewer pipeline by expressly placing the responsibility of maintenance and repair with the gr

  • Ga. Inv. Int'l Inc. v. Branch Banking & Trust Co.

    Publication Date: 2010-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Michael D. Robl Spears & Robl LLC, Decatur, for appellant.
    for defendant: Robert A. Weber The Weber Firm LLC, Gainesville, for appellee.
    Case Number: A10A1407

    The maker and guarantor of promissory note could not assert promissory estoppel as an affirmative defense to default, since the bank's alleged promises to refinance or issue a new line of credit wer

  • Covington Square Assocs. LLC v. Ingles Markets Inc.

    Publication Date: 2010-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael A. Kessler, Alpharetta, for appellant.
    for defendant: Samuel R. Arden and Jill R. Johnson Hartman, Simons, Spielman & Wood LLP, Atlanta, for appellee.
    Case Number: A09A2145

    O.C.G.A. § 13-6-11 prevents a trial court from ever determining that a claimant is entitled to attorneys' fees as a matter o

  • Helms v. Franklin Builders Inc.

    Publication Date: 2010-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Wendel L. Bowie, Atlanta for appellant.
    for defendant: Gregory K. Hecht Hecht Mack & Harris PC, Stockbridge, for appellees.
    Case Number: A10A1162

    Equitable estoppel barred the plaintiff's claims for negligent construction and breach of warranty, arising from a new home purchase and sales agreement, which mandated arbitr

  • Simprop Acquisition Co. v. The L. Simpson Charitable Remainder Unitrust

    Publication Date: 2010-08-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kirk M. McAlpin Jr. Cushing, Morris, Armbruster & Montgomery LLP, Atlanta, for appellant.
    for defendant: Frederick L. Wright II Vaughn, Wright & Boyer LLP, Atlanta, and James A. Vaughn Vaughn, Wright & Boyer LLP, Forsyth, for appellees.
    Case Number: A10A1396

    An issue of fact remained as to whether the plaintiffs' failure to purchase a sewer plant as a condition of the parties' option contract involving a series of land purchases in four Georgia counties

  • 131 Ralph McGill Boulevard, LLC v. First Intercontinental Bank

    Publication Date: 2010-08-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gary S. Freed and Fletcher B. Howard Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: . Robert T. Morgan Morgan & Chakales PC and C. Cyrus Malone III Freisem, Macon, Swann & Malone, Atlanta, for appellee.
    Case Number: A10A1531

    The bank presented sufficient evidence, including the testimony of a licensed appraiser regarding the true market value of the property in question, to support the trial court's decision to confirm

  • REL Dev. Inc. v. Branch Banking & Trust Co.; I-20 East, Inc. v. Branch Banking & Trust Co.

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Gary W. Marsh McKenna, Long, Aldridge LLP, Atlanta for appellant.
    for defendant: . Joseph P. Quirk, Debra E. Baker Quirk & Quirk PC, Atlanta, and A. J. Welch Jr. Smith, Welch & Brittain, McDonough, for appellee.
    Case Number: A10A1686; A10A1691

    A bank had no obligation to pursue foreclosure proceedings with regard to secured property, but was authorized, both by the law and the promissory notes in question, to pursue only lawsuits against