Filter This View

  • Wolf v. Middleton

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Stanley M. Lefco, Atlanta, for Wolf. M. Barton Rice Jr. Horne & Rice, Athens, for Middleton.
    for defendant:
    Case Number: A10A1020, A10A1021

    The buyers did not conduct survey and did not question the sellers about property lines, thus, they could not justifiably rely on any alleged misrepresentation from the sellers regarding those bound

  • Rolan v. Glass

    Publication Date: 2010-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Peter L. Lublin and Brian Linkowski Rubin Lublin LLC, Norcross, for appellant.
    for defendant: . Timothy K. King Carl H. Hodges & Assocs. and Marion K. McEachern Hodges, McEachern & King, Jonesboro, for appellee.
    Case Number: A10A0010

    Laches did not bar the plaintiff's claims arising from a real estate sale agreement, because he timely filed his initial action and lis pendens and then timely renew

  • The Rector, Wardens and Vestrymen of Christ Church in Savannah v. Bishop of the Episcopal Diocese of Ga. Inc.

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Paul W. Painter Jr. Ellis, Painter, Ratterree & Adams LLP and Neil A. Creasy Simpson & Creasy PC, Savannah, for appellant.
    for defendant: James A. Elliott Elliott & Blackburn PC, Valdosta, Thomas A. Withers Gillen, Withers & Lake LLC, Savannah, Mary E. Kostel The Episcopal Church, David B. Beers and Richard A. Arculin, Washington, D.C., for appellees.
    Case Number: A10A1375

    The National Episcopal is entitled to control local property, despite the fact that a parish church owns the property, since the discipline, canons and constitutions of the National Episcopal

  • Pollman v. Swan

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Tony Carter, Savannah, for Pollman. William A. Trotter III, Augusta, Patrick T. O'Connor and Benjamin M. Perkins Oliver Maner LLP, Savannah, for Swan.
    for defendant:
    Case Number: A10A0547, A10A0548

    The plaintiffs' RICO claim based on theft by deception failed because the defendants did not retain the property in que

  • Saint v. Williams

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Robert A. Mullins Mullins Law Firm PC, Augusta, for appellant.
    for defendant: . William J. Williams, Wendell E. Johnston Jr. Johnston, Wilkin & Williams and J. Carleton Vaughn Jr., Augusta, for appellee.
    Case Number: S10A0982

    A conveyance to three parties as tenants in common should be viewed and upheld as such, even though the decedent's will devised the property to the three parties in designated parcels, since all thr

  • Strong v. Holden

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Michael T. Smith, Brook A. Davidson and Raymon D. Burns Andrew, Merritt, Reilly & Smith, Lawrenceville, for appellant.
    for defendant: Malane T. Spears Spears & Spears, Decatur, and Harry W. MacDougald Caldwell & Watson LLP, Atlanta, for appellee.
    Case Number: S10A0231, S10A0232

    The averring witnesses testified that the decedent was of sound mind and able to answer questions regarding the value of her assets, the identity of family members and friends, and her scheme of dis

  • Jenkins v. Pierce

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Annie R. Simmons Simmons & Simmons, Atlanta, for appellant.
    for defendant: Roger F. Krause Krause, Golomb & Witcher LLC, Atlanta, for appellees.
    Case Number: A10A0091

    A material issue of fact remained as to whether the parties had an attorney-client relationship when they signed certain loan documents, which would exempt the plaintiff from the rule that, ' "a par

  • Titshaw v. Northeast Ga. Bank

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John E. Stell Jr. Russell, Stell, Smith & McLocklin PC, Winder, for appellant.
    for defendant: . Samuel L. Chesnutt Strickland, Chesnutt & Lindsay LLP, Athens, and S. Ernest Vandiver III Vandiver & Vandiver, Lavonia, for appellee.
    Case Number: A10A0533, A10A0550

    Neither the pleadings, nor the evidence adduced at the confirmation hearing, showed that the foreclosure property at issue sold for at least $595K-the property's true market

  • Abrams v. Putney

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William A. Wehunt, Atlanta, for appellant.
    for defendant: Lawrence J. LoRusso LoRusso Law Firm PC, Atlanta, for appellee.
    Case Number: A10A1054

    The evidence supported the award of attorneys' fees to th llee, since the parties' representation agreement provided that th llant would pay th llee at the rate of $335 per hour, if t

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

    Publication Date: 2010-07-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Michael A. Kessler, Alpharetta, for appellant.
    for defendant: Adam N. Struletz Spielman Law Group LLC, Atlanta, for appellee.
    Case Number: S10G0459

    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