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  • Greenwood Homes Inc. v. Regions Bank

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John A. Christy and Philip R. Green Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: Jennifer B. Moore and Michael J. C. Shaw Greenberg Traurig LLP, Atlanta, for appellee.
    Case Number: A09A1631

    An appraiser's limited consideration of two non-market transactions did not invalidate his valuation of certain real property, because he adjusted the price upwards for those transactions and placed

  • Hancock Fabrics v. Alterman Real Estate I Inc.

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Henry E. Scrudder Jr. Scrudder, Bass, Quillian, Horlock, Taylor & Lazarus LLP, Atlanta, for appellant.
    for defendant: Michael J. Rust, Korey M. Carter Gray, Rust, St. Amand, Moffett & Brieske, Atlanta, and Nathan E. Minear, Marietta, for appellees.
    Case Number: A09A1857

    Although the retailer purchased property insurance, it received no reimbursement for the property damage, which did not exceed the policy's deductible, thus, the waiver of subrogation clause in the

  • Marvin Dev. Co. v. United Community Bank

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Stephen P. Fuller Davidson, Fuller & Sloan LLP, Johns Creek, for appellant.
    for defendant: . Frank W. Deborde and Stephanie H. Philips Morris, Manning & Martin, Atlanta, for appellee.
    Case Number: A09A1824

    Although bank was free to pursue recovery under alternative theories, such as conversion and suit on a note, it was entitled to only one satisfaction of the da

  • Salim v. Solaiman

    Publication Date: 2010-03-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles W. Lane Lane & Lane, Marietta, for appellant.
    for defendant: Timothy S. Walls Mills & Hoopes LLC, Lawrenceville, for appellees.
    Case Number: A09A1686

    The trial court did not err in ruling that the parties' purchase agreement was void and unenforceable due to an inadequate property descri

  • In re Gardner

    Publication Date: 2010-03-12
    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. Frederick A. Gardner, Atlanta.
    for defendant:
    Case Number: S10Y0690

    An attorney, who pled guilty to misdemeanor obstruction in connection with a GBI mortgage fraud investigation, voluntarily surrendered his law li

  • Darroch v. Willis

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Barry B. McGough and Elinor H. Hitt Warner, Mayoue, Bates & McGough, Atlanta, for appellant.
    for defendant: William R. Lester Fryer, Shuster & Lester PC, Atlanta, for appellee.
    Case Number: S09A1623

    The trial court impermissibly modified the parties' divorce decree by requiring the appellant to sell the marital residence after he failed to remove his ex-wife's name from the mortgage within 30

  • Ly v. Jimmy Carter Commons LLC

    Publication Date: 2010-03-12
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Scott M. Ratchick and Christopher S. Badeaux Hartman, Simons, Spielman & Wood LLP, Atlanta, for appellant.
    for defendant: Robert D. Douglass, Catherine M. Banich, Tasha K. Inegbenebor Stites & Harbison PLLC, Atlanta, and James Byun, Suwanee, for appellee.
    Case Number: S09A1644

    A genuine issue of fact remained as to whether the plaintiffs had knowledge that the unanimous consent documents securing a $1.5M loan to the defendant were ineffe

  • Phillips v. Moore

    Publication Date: 2010-03-12
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Thomas D. Lovett Kelley, Lovett & Blakely PC, Valdosta, Jeremiah H. Croxton Jr. and Richard W. Field Perry & Walters LLP, Albany, for appellant.
    for defendant: . Anne R. Moore, Statesboro, for appellee.
    Case Number: S09Q2033

    The spendthrift clause in an inter vivos trust was unenforceable, because the settlor was the sole beneficiary and he retained a general power of appointment enabling him to dispose of trust propert

  • Johnson v. Board of Comm'rs, Bibb County

    Publication Date: 2010-02-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Charles E. Cox Jr., Macon, for appellant.
    for defendant: Virgil L. Adams and Donald J. Jordan Adams, Jordan & Treadwell PC, Macon, for appellees.
    Case Number: A10A0398

    Georgia's Open Meetings Act provides an exception from the open meetings requirements for meetings of an agency in which the future acquisition of real estate is dis

  • Richardson v. Phillips

    Publication Date: 2010-02-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William D. Hall, Blakley, and David A. Webster, Atlanta, for appellant.
    for defendant: Michael A. O'Quinn O'Quinn & Cronin, McDonough, for appellee.
    Case Number: A09A2121

    The trial court erred in dismissing plaintiff's cause of action to a remove commissioner from office as moot, because the dispute had not been resolved and completion of the real estate transaction