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  • Tara Bridge Apartments, LP et al. v. Benson

    Publication Date: 2022-11-03
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Barbara Marschalk, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, Matthew Barr, (Hawkins Parnell Thackston & Young LLP), Atlanta, for appellant.
    for defendant: Eugene Felton, Quinton Seay, (Seay Felton, LLC), Atlanta, for appellee.
    Case Number: A22A0744

    Court reverses denial of a landlord's summary judgment motion against a tenant's premises liability claims relating to a sexual assault that occurred in her apartment

  • In the Matter of Trent Lee Coggins.

    Publication Date: 2022-10-31
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: James Stephen Lewis, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, III, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Richard F. Waddington, Douglas Vincent Chandler (Chandler Law LLC), Alpharetta, for appellee; Jack J. Helms, Jr., (The Helms Law Firm, P.C.), Homerville, for other party.
    Case Number: S22Y1159

    Six-Month Nunc Pro Tunc Suspension Appropriate Discipline For Trust Account Violations By Attorney Who Had Ceased Practice

  • Law et al. v. SE Property Holdings, LLC

    Publication Date: 2022-10-25
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Michael Robl, (Robl Law Group LLC), Tucker, for appellant.
    for defendant: Brent Herrin, Gus Small, Benjamin Klehr, (Small Herrin, LLP), Atlanta, for appellee.
    Case Number: A22A0737

    Court affirms order holding that a debtor fraudulently transferred certain properties but reverses order as to applicability of a homestead exemption

  • Brown et al. v. Brown

    Publication Date: 2022-10-21
    Practice Area: Creditors' and Debtors' Rights | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: William Bost, (Greenfield, Bost & Kliros, P.C.), Atlanta, for appellant.
    for defendant: Brent Herrin, Gus Small, Benjamin Klehr, (Small Herrin, LLP), Atlanta, for appellee.
    Case Number: A22A0972

    Court affirms summary judgment in favor of a trustee in a debt-collection action where appellants sought to raise a question of fact on waiver of collection efforts

  • Atlanta Partners Realty, LLC et al. v. Wohlgemuth

    Publication Date: 2022-10-19
    Practice Area: Contractual Disputes | Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Leigh Wilco, (Weissman PC), Atlanta, for appellant.
    for defendant: Gary Hooper, (Hooper Law Partners, LLC), Atlanta, Andrea Martin, (Andrea E. Martin Law, LLC), Atlanta, for appellee; Kristin Hall, (The Law office of Sharon Chester Barnes), Atlanta, for other party.
    Case Number: A22A0634

    Real Estate Buyer Failed to Show Due Diligence in Inspecting Property For Structural Defects Prior to Purchase

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Ballard v. Biltmore House Condominium Association, Inc.

    Publication Date: 2022-09-29
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Randy Williams, Patrick Calvo, (Williams Law Group of Georgia, LLC), Atlanta, for appellant.
    for defendant: Floyd Dickens, (Gaddis & Lanier, LLC), Peachtree City, Scott Kuperberg, (The Kuperberg Law Firm, LLC), Norcross, Elina Brim, (Lueder, Larkin & Hunter, LLC), Alpharetta, for appellee.
    Case Number: A22A0878

    Court reverses summary judgment order for condominium association on unpaid assessments due to disputed issues of fact as to reasonableness of attorney fees

  • Knaack v. Henley Park Homeowners Association, Inc.

    Publication Date: 2022-09-26
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Metzger, Gala Villahoz, (Williams Teusink, LLC), Decatur, for appellant.
    for defendant: Rebecca Strickland, Christine Russell, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.
    Case Number: A22A0743

    Court vacates summary judgment for an association as to a property owner's claims that should be brought as a derivative action and remands for dismissal of those claims

  • Vaughn v. Vaughn

    Publication Date: 2022-09-26
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Austin Buerlein, (Elovitz, Edwards, O’Nan & Buerlein, LLC), Atlanta, for appellant.
    for defendant: Anthony Zezima, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A22A0621

    Court reverses trial court's impermissible modification of a divorce settlement decree but affirms award of certain costs due to concessions made by husband's lawyer

  • Patel v. Patel

    Publication Date: 2022-09-22
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Hungeling, (Attorney at Law), Atlanta, Adam Rubenfield, (Hungeling Law, P.C.), Atlanta, for appellant.
    for defendant: Sherri Buda, Bryan Knight, (Knight Johnson, LLC), Atlanta, for appellee.
    Case Number: A22A0902

    Material Issues of Fact Existed as to Whether Agreement to Transfer Property Interest Was Supported by Consideration

  • Crowe v. Scissom et al.

    Publication Date: 2022-09-15
    Practice Area: Banking and Finance Laws | Consumer Protection | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Joseph Luna, (Joseph Luna Law LLC), Jacksonville, for appellant.
    for defendant: Frederic Beloin, (Beloin, Brown & Blum, LLC), Atlanta, Chadwick Knott, (The Law Office of Chad Knott, LLC), Cleveland, for appellee.
    Case Number: A22A1130

    Lender in owner-financed real estate transaction was not "creditor" under Georgia Fair Lending Act