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  • Gonzalez v. Crocket

    Publication Date: 2010-07-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Jack F. Witcher and Daniel B. Greenfield, Bremen, for appellant.
    for defendant: T. Michael Flinn, Carrollton, for appellee.
    Case Number: S10A0452

    A 21.9-acre parcel of land, which surrounded the parties' 5-acre residential parcel, was not encompassed in their final judgment and divorce decree, and thus remained joint pro

  • Brookfield Country Club Inc. v. St. James Brookfield LLC

    Publication Date: 2010-07-09
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: William V. Custer IV, Jennifer B. Dempsey Powell Goldstein LLC, Larry Chesin and Allan L. Parks Jr. Parks, Chesin & Walbert PC, Atlanta, for appellant.
    for defendant: John J. Almond and Joshua P. Gunnemann Rogers & Hardin LLP, Atlanta, for appellee.
    Case Number: S09G2081

    The ' "Arbitration Code does not permit contracting parties who provide for arbitration of disputes to contractually expand the scope of judicial review that is authorized by statu

  • Herrin v. Herrin

    Publication Date: 2010-07-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Hylton B. Dupree Jr. Dupree & Kimbrough, Marietta, for appellant.
    for defendant: Robert K. Abbott Jr. B. J. Abbott PC, Marietta, for appellee.
    Case Number: S10A0384

    The evidence did not support the trial court's ruling that the mother had the ability or the means to earn the amount that the trial court found that she could earn per month and upon which it based

  • Bailey v. Stonecrest Condominium Ass'n Inc.

    Publication Date: 2010-07-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jeffrey R. Nickerson, Atlanta, and Patrick N. Arndt, Decatur, for appellant.
    for defendant: Peter R. York and Leslie K. Brock Hawkins & Parnell LLP, Atlanta, for appellees.
    Case Number: A10A0579

    The trial court erred in finding as a matter of law that the defendants' adoption of condo leasing restriction amendments did not constitute racially discriminatory housing practices in violation O

  • The Hudson Trio LLC .v The Buckhead Comm. Bank

    Publication Date: 2010-06-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Victor Y. Johnson Graham & Assocs., Danielsville, for appellant.
    for defendant: . Kasey C. Libby and Michael C. McGoff Bach, Dewberry & Hipes LLC, Alpharetta, for appellee.
    Case Number: A10A0685

    The trial court did not err in finding that the price of the subject property reflected its true market value on the date of the foreclosure

  • Rapp v. Escante Inc.

    Publication Date: 2010-06-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Rodney L. Eason The Eason Law Firm, College Park, for appellant.
    for defendant: . Simon H. Bloom, Stephanie A. Everett and Keith M. Kodosky The Bloom Law Firm, Atlanta, for appellee.
    Case Number: A10A0784

    The evidence supported the trial court's finding, pursuant to O.C.G.A. § 18-2-75 a, that the debtor fraudulently transferred real pr

  • Foster v. Wilmington Plantation Owners Ass's Inc.

    Publication Date: 2010-06-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sarah S. Harper Kight & Harper LLC, Dublin, for appellant.
    for defendant: David M. Small, Savannah, proceeded pro se in A10A0262. Sam P. Inglesby Jr. Inglesby, Falligant, Horne, Courtington & Chisholm, Savannah, for appellee in A10A0374.
    Case Number: A10A0262; A10A0374

    Venue in actions to enforce condominium association liens under the Georgia Condominium Act, O.C.G.A. § 44-3-70 et seq. properly lies in the county of the defendant's resi

  • Dubarton Enters. LLC v. Appalachian Community Bank

    Publication Date: 2010-06-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert J. Kaufman and Jeremy B. Liebman Kaufman, Miller & Silvertsen, Atlanta, for appellant.
    for defendant: Bret T. Thrasher Thompson, O'Brien, Kemp & Nasuti PC, Norcross, and Jeffrey R. Saxby Epstein, Becker & Green PC, Atlanta, for appellee.
    Case Number: A10A0858

    The parties' security deed unambiguously gave the bank the power to foreclose, if the loan was not sati by the maturity date, and the uncontroverted evidence showed that the loan was never sati

  • Lampkin v. First Comm. Bank of Tifton

    Publication Date: 2010-06-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellant.
    for defendant: . Herbert W. Benson Sims, Fleming & Benson, Tifton, for appellee.
    Case Number: A10A0493

    The plaintiffs clearly assumed the grantor's indebtedness by an open-end security deed to which the warranty deed transferring the real property at interest to them was su

  • National Serv. Indus. v. Here to Serve Restaurants Inc.

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Cary Ichter, Atlanta, for appellant.
    for defendant: Louis R. Cohan and Shalanda M. Miller Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A10A0928

    A liquidated damages provision in a linen services contract constituted an unenforceable penalty, since the damages sought lacked a reasonable relation to the probable damages that would arise from