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  • Wyndham Lakes Homeowners Assoc. Inc. v. Gray

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Jason A. LoMonaco Weissman Nowack Curry & Wilco PC, Atlanta, for appellant.
    for defendant: Morgan M. Robertson Robertson, Bodoh & Nasrallah LLP, Marietta, for appellees.
    Case Number: A09A2199

    Equity did not require the non-enforcement of a recorded Declaration of Covenants against the property owners, in light of legal notice to the owners, the association's previous attempts to enforce

  • Forsyth County v. Waterscape Servs. LLC

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Curtis A. Garrett Jr. and Matthew H. Patton Kilpatrick Stockton LLP, Atlanta, for appellant.
    for defendant: George E. Butler II, Dahlonega, for appellee.
    Case Number: A09A1964

    The app s repudiation of the contract by not donating the contracted-for wastewater treatment plant to the county relieved the county of its duty to make a formal tender of payment to app

  • Cardinal Robotics Inc. v. Moody

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Christopher J. McFadden, Decatur, for appellant.
    for defendant: Douglas H. Flint and Lawrence O. C. Anderson Flint, Connolly & Walker LLP, Canton, for appellee.
    Case Number: S09A1413

    The trial court did not err in denying a company's disqualification motion, because the company failed to show that the former case involving a law firm's representation of the company had both mate

  • Callahan v. Hall

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: R. Alex Crumbley Crumbley Law Firm PC, McDonough, for appellant.
    for defendant: . Gregory A. Futch, McDonough, for appellee.
    Case Number: A09A2358

    A subcontractor could not recover in quantum meruit from property owners under Georgia law, because the subcontractor did not have a direct contractual relationship with the property owners and was

  • Green v. Key Custom Homes Inc.

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Dennis G. Dozier and Bethany M. Hillis Law Office of Dennis Dozier, Rincon, for appellant.
    for defendant: . Richard R. Rafter, Springfield, for appellee.
    Case Number: A09A1912

    The plaintiffs were entitled to a new trial, because the jury award was more than twice what homebuilder requested and the evidence did not suppo

  • Price v. Price

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jon F. Helton Hilbun & Helton PC and Joshua E. Kight Kight & Harper, Dublin, for appellant.
    for defendant: . James G. Maddox, Jeffersonville, Robert R. Maddox, Atlanta, and David B. O'Dell Burr & Forman LLP, Birmingham, Ala., for appellees.
    Case Number: S09A1669

    The decedent's second wife was not a bona fide purchaser for value, because the evidence showed that the quitclaim conveyance to her from the decedent was not for valuable consider

  • Huff v. The Harpagon Co. LLC

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James C. Clark Jr. and Travis C. Hargrove Page, Scrantom, Sprouse, Tucker & Ford PC, Columbus, for appellant.
    for defendant: Robert J. Proctor and Cristine L. Patterson Proctor Hutchins Porterfield, Alpharetta, for appellee.
    Case Number: S09G0990

    Since no levy occurred, the fee discussion in Harpagon Co. v. Huff, 296 Ga. App. 107 2009, constituted an improper advisory op

  • Meadow Springs LLC v. IH Riverdale LLC

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: William B. Brown and Jacqueline Marcucci Heyman & Sizemore LLC, Atlanta, for appellant.
    for defendant: David L. Pardue Adorno & Yoss LLC, Atlanta, for appellees.
    Case Number: S09G1127

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

  • Humphreys v. State

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Mitchel D. Durham, Jimmy D. Berry, Marietta, Carl P. Greenberg Georgia Capital Defender, Thomas H. Dunn Georgia Resource Ctr., Atlanta, and Holly L. Geerdes Geerdes & Kim LLC, Duluth, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Assistant District Attorney, Marietta, Thurbert E. Baker, Attorney General, Teresa M. Schiefer, Assistant Attorney General, and Richard A. Malone Prosecuting Attorneys' Council, Atlanta, for appellee.
    Case Number: S09P1428

    The statutory aggravating circumstance set forth under O.C.G.A. § 17-10-30 b 10 regarding murders committed for the purpose of avoiding, interfering with, or preventing lawful arrest, does not exten

  • Witcher v. JSD Properties LLC

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Ray S. Smith III Joyce, Thrasher, Kaiser & Liss LLC, Atlanta, for appellant.
    for defendant: Alison Danaceau, Marvin D. Harris Carlton Fields PA, Marcia M. Fuller The Fuller Law Group and John J. Maurer, Atlanta, for appellees.
    Case Number: S10A0053, S10A0054

    Decedent's estate could not recover property from a purchaser of estate properties, because the purchaser was a bona fide purchaser for value, the probate court's order was valid on its face and the