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  • 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

  • REL & Assocs. LLC v. Federal Deposit Ins. Corp.

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: David E. Gordon McKenna Long & Aldridge LLP, Atlanta, for appellant.
    for defendant: . H. Wayne Phears and Kevin C. Watters McGuire Woods LLP, Atlanta, for appellee.
    Case Number: A10A0403

    The FDIC's report of the foreclosure sale met the statutory requirements of O.C.G.A. § 44-14-161 a, because the FDIC reported the sale, within 30 days of the foreclosure sale, to a judge, who was au

  • In re Grant

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Paula J. Frederick, General Counsel, and Jonathan W. Hewett State Bar of Georgia, Atlanta. Kindall Grant, Savannah. Anthony B. Askew, Chairperson Review Panel, Atlanta.
    for defendant:
    Case Number: S10Y0997

    An attorney, who failed to supervise her real estate paralegal and failed to carefully review her attorney tru ount records, resulting in the paralegal's theft of her clients' funds from the tr

  • Stamps v. JFB Properties LLC

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Joseph C. Sharp, Angela S. Blackwell, Dax E. Lopez, Justin M. Scott, Megan A. Kelly, William B. Hill Jr. and Yonette M. Sam-Buchanan Ashe, Rafuse & Hill, Atlanta, for appellant.
    for defendant: C. King Askew, Mark M. J. Webb Brinson, Askew, Berry & Seigler, William F. Sparks, Rome, Michael D. St. Amand, Sarah B. Hoffman Gray, Rust, St. Amand, Moffett & Brieske, Atlanta, for appellees.
    Case Number: S10Q0041

    The evidence showed that a confidential relationship existed between the decedent and the defendant and that the defendant and his wife, while in a state of personal crisis, trusted the defendant, t

  • Belans v. Bank of America NA

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John A. Christy, Philip R. Green and Debbie A. Wilson Schreeder, Wheeler & Flint, Atlanta, for appellant.
    for defendant: Thomas E. Reilly and Cory S. Menees Troutman Sanders LLP, Atlanta, for appellee.
    Case Number: A10A0080

    The trial court erred in confirming two foreclosure sales, because the evidence did not show that the sales were made for at least fair market

  • ASC Constr. Equip. USA Inc. v. City Commercial Real Estate

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Paul E. Andrew Andrew, Merritt, Reilly & Smith, Lawrenceville, Terrence McQuade and Jeffrey T. Holm Withrow, McQuade & Olson LLP, Atlanta, for appellant.
    for defendant: Bryan M. Cavan Miller & Martin, Atlanta, for appellee.
    Case Number: A10A0733, A10A0734

    The trial court erred in denying the defendant's motion for a directed verdict as to a broker's claim for tortious interference with contract and business relationships, since no evidence supported

  • Christian v. Eagles Landing Christian Academy Inc.

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: William A. Parker Jr. Childers, Schlueter & Smith LLP, Atlanta, and Larry T. Wilson Law Offices of Jorge L. Flores LLC, Conyers, for Christian. Joshua S. Stein Goodman, McGuffey, Lindsey & Johnson LLP, Atlanta, and Ted N. Echols, Stockbridge, for Eagles Landing.
    for defendant:
    Case Number: A09A2391, A09A2392

    Under the unique facts of this case, the teenage plaintiff assumed the risk of her injuries while performing a cheerleading

  • Montgomery v. Barrow

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jeffrey B. Hanson, Blake E. Lisenby and David H. McCain Sell & Melton LLP, Macon, for appellant.
    for defendant: . Robert S. McPhail David & McPhail LLC, Butler, and Charles W. Byrd Walker, Hubert, Gray, Byrd & Christy, Perry, for appellees.
    Case Number: S09A1510

    Sufficient evidence existed to create a genuine issue of material fact as to whether a property company had sufficient notice of unrecorded deeds to overcome the presumption that it was a bona fide

  • Georgia Real Estate Properties Inc. v. Lindwall

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thomas M. Mitchell Carothers & Mitchell LLC, Buford, for appellant.
    for defendant: Stephanie L. Curd Gunther & Whitaker PA, Acworth, and Matthews P. Benson Mahaffey Pickens Tucker LLP, Lawrenceville, for appellees.
    Case Number: A10A0562

    The trial court did not err in granting summary judgment to the defendants on th er's breach of contract claim, because no evidence showed that the conditions for paying a sales commission to t

  • Belans v. Bank of America

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Phillip R. Green, John A. Christy and Debbie A. Wilson Schreeder Wheeler & Flint, Atlanta, for appellant.
    for defendant: Thomas E. Reilly and Cory S. Menees Troutman Sanders LLP, Atlanta, for appellee.
    Case Number: A09A1986

    The trial court erred in confirming three foreclosure sales on the basis of appraisal reports stating that the properties sold at fair market value, because the appraiser, who prepared the reports