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  • WS CE Resort Owner, LLC v. Holland et al.

    Publication Date: 2023-03-16
    Practice Area: Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Justice Pinson
    Attorneys: For plaintiff: Edward Davison Burch, Jr., Edward H. Wasmuth, Jr., Leah Ward Sears, (Smith, Gambrell & Russell, LLP), Atlanta, Jeffrey Spencer Haymore, Julie Louise Sellers, Randolph Baxter Russell, (Dillard Sellers, LLC), Atlanta, Kevin Robert Stone, (Sugarman Law, LLP), Atlanta, John O’Shea Sullivan, (Burr & Forman LLP), Atlanta, for appellant.
    for defendant: John Elwin Stell, Jr., (Stell, Smith & Mattison, P.C.), Winder, for appellee; Joshua Adam Scoggins, Kenneth Stanton Kincaid, (Miles Hansford & Tallant, LLC), Cumming, for Amicus Appellant.
    Case Number: S22G0030

    "Golf Course" Designation on Subdivision Plat Did Not Create Easement Benefiting Homeowners

  • Gleaton & Associates, Inc. v. Cornelius

    Publication Date: 2023-03-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Douglas Clayton, Leah Parker, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Orion Webb, (Smith, Welch, Webb & White, LLC) Stockbridge, for appellee.
    Case Number: A22A1403

    Court reverses rules in favor of property manager that requested summary judgment on a plaintiff's negligence claim following analysis of lease that gave rise to the claim

  • Global Education-Sat Academy, LLC et al. v. DF Duluth, LLC et al.

    Publication Date: 2023-03-08
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Graybeal, (Attorney at Law), Norcross, for appellant.
    for defendant: Todd Poole, Bret Moore, (Poole Huffman, LLC), Tucker, for appellee.
    Case Number: A22A1614

    Court affirms summary judgment order in favor of commercial landlord where tenant challenged landlord's standing and other matters on appeal

  • In re Estate of Charles D. Henry, Deceased

    Publication Date: 2023-03-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Eric Fisher, Jeffrey Morgan, (Barnes & Thornburg LLP), Atlanta, for appellant.
    for defendant: Lori Christman, Louis Levenson, (Levenson & Associates), Atlanta, Lyonnette Davis, Atlanta, for appellee.
    Case Number: A22A1518

    Court reverses summary judgment order that dismissed a petition for a caveat to the probate of a will in light of questions of fact over the existence of undue influence

  • BCG Operations, LLC v. Town of Homer et al.; and vice versa

    Publication Date: 2023-02-27
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Robert Reeves, Jaletta Smith, (Andersen Tate & Carr, P.C.), Duluth, Matthew Smith, Daniel Dupree, (Smith Gilliam Williams & Miles PA), Gainesville, Patrick Testa, (Miller & Martin PLLC), Atlanta, for appellant.
    for defendant: Johannes Kingma, Daniel Millman, (Stites & Harbison PLLC), Atlanta, R. Syfan, (Hulsey, Oliver and Mahar, LLP), Gainesville, for appellee.
    Case Number: A22A1183

    Court affirms denial of motion for summary judgment on damages where petitioner had already been awarded a writ of mandamus, and dismisses cross-appeal as moot

  • Law Journal Press | Digital Book

    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

    View this Book

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  • Amy N. Cazier et al. v. Georgia Power Company

    Publication Date: 2023-02-24
    Practice Area: Civil Appeals | Public Utilities
    Industry: Energy
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: John Frank Salter, Jr., Roy E. Barnes, (The Barnes Law Group, LLC), Marietta, James Glenn Richardson, (Talley, Richardson & Cable), Dallas, for appellant.
    for defendant: William Middleton Droze, Robert Pursley Edwards, Jr., Thomas Edward Reilly, William Alexander Smith, Christopher John Kelleher, (Troutman Pepper Hamilton Sanders, LLP), Atlanta, for appellee; Shondeana Crews Morris, Georgia, Jeffery O'Neal Monroe, (Macon Judicial Circuit), Macon, for other party.
    Case Number: S22C0513

    Law of the Case Doctrine Precluded Revisiting Reliance on Federal Chevron-Deference Review Principles

  • Steffey v. Ameris Bank et al.

    Publication Date: 2023-02-22
    Practice Area: Civil Procedure | Contracts
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Allen Meadors, (Allen Meadors Practitioners), Atlanta, for appellant.
    for defendant: Shanon McGinnis, (Wargo & French LLP), Atlanta, for appellee.
    Case Number: A22A1368

    Court reverses dismissal of breach of contract claims where plaintiff was charged interest on a construction loan but never took a draw under that loan

  • City of Alpharetta v. Francis et al.

    Publication Date: 2023-02-17
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Amy Cowan, Dana Maine, Marrissa Dunn, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Jason Mirabella, (Mahaffey Pickens Tucker, LLP), Marietta, Mark Weinstein, Camesha Mitchell, (Law Offices of Mark Weinstein P.C.), Cumming, for appellee.
    Case Number: A22A1533

    Court reverses denial of a municipality's motion to dismiss a claim where the claimant's ante litem notice included a range but not a specific damages amount

  • Empire South Realty Advisors, LLC et al. v. Younan

    Publication Date: 2023-02-17
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Darrell Thaw, Andrew Ruberti, (Connell, Thaw & Ruberti, LLC), St. Simons Island, for appellant.
    for defendant: Adam Craft, (McGee & Craft PC), Waycross, for appellee.
    Case Number: A22A1256

    Court affirms dismissal of libel claim, which was an unactionable statement of opinion, but reverses dismissal of claims for slander, emotional distress, and defamation

  • In the Matter of Chandra McNeil Norton.

    Publication Date: 2023-02-16
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Andreea N. Morrison, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, III, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Randy Scott Chartash, (Chartash Law, LLC), Atlanta, for appellee; Charles David Jones, (Taylor Tucker & Jones LLC), Peachtree City for other party.
    Case Number: S23Y0306

    Court orders disbarment as a sanction against a lawyer who was convicted of conspiracy to commit wire fraud and who failed to report conviction for more than a year