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  • Edwards et al. v. Dixon et al.

    Publication Date: 2024-04-04
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: M. Pippenger, (Puryear Law Group PLLC), Chattanooga, for appellant.
    for defendant: Archibald Farrar, Catherine Jackson, (Farrar & Corbin PC), Summerville, for appellee.
    Case Number: A23A1586

    Court reverses summary judgment order that favored sellers in a dispute over a real estate purchase option agreement, finding that there was valid and adequate consideration for the agreement

  • Bell et al. v. Cross

    Publication Date: 2024-03-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Samuel Alderman, (Attorney At Law), Macon, for appellant.
    for defendant: Dana Davis, (Tucker Davis Law LLC), East Point, for appellee.
    Case Number: A23A1772

    Court reverses summary judgment order for specific performance in lease-option dispute and remands for further proceedings, citing ambiguities and potential waiver of variances in acceptance

  • Naik v. Hyde Park Homes, Inc.

    Publication Date: 2024-03-28
    Practice Area: Contracts
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Udai Singh, (Attorney At Law), Duluth, for appellant.
    for defendant: James Morton, (Attorney At Law), Atlanta, for appellee.
    Case Number: A23A1206

    Court affirms summary judgment for a home builder in a dispute over the builder's retention of a nonrefundable deposit in a property assignment agreement

  • Williams v. Kasulka Properties, LP et al.

    Publication Date: 2024-03-25
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Dozier, Ashley Cameron, Lindsay Simmons, (Dozier Law Firm), Macon, for appellant.
    for defendant: R. Anderson, (Attorney at Law), Macon, Callie Bryan, (Jones Cork & Miller, LLP), Macon, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Kevin Wangerin, (Bullard, Wangerin, & Corbett, LLP), Macon, Cody McCollum, (Vernis & Bowling of Atlanta LLC), Atlanta, for appellee; Matthew Del Campo, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, for other party.
    Case Number: A23A1528

    Court affirms summary judgment for a landlord and property managers in premises liability case, finding that the landlord under OCGA § 44-7-14 and that the managers also owed no legal duty

  • Vantage Cancer Centers of Georgia, LLC et al. v. Georgia Department of Community Health et al.

    Publication Date: 2024-03-20
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Chief Justice Boggs
    Attorneys: For plaintiff: Keith Robert Blackwell, William Joseph Repko, III, (Alston & Bird LLP), Atlanta, Charles L. Gregory, John Warner Ray, (Ray & Gregory, LLC), Atlanta, for appellant.
    for defendant: Margaret Kemmerly Eckrote, Daniel Stephen Walsh, Christopher M. Carr, Charles K. Thimmesch, Jeffrey William Stump, Andrew Bain McClintock, (Department of Law), Atlanta, Robert Michael Rozier, Dorothy Hubbard Cornwell, (Baker & Hostetler LLP), Atlanta, Robert Sparks Highsmith, Jr., Allen Andre Hendrick, Talis Colgan Trevino, Laurie Wells Trompeter, (Holland & Knight LLP), Nashville, for appellee; Armando Luis Basarrate, II, David Boone Darden, Jameson B. Bilsborrow, (Parker Hudson Rainer & Dobbs, LLP), Atlanta, for other party.
    Case Number: S23G0405

    Court clarifies standard of review that Community Health Commissions must apply in evaluating hearing officer's factual findings in an application for a health care Certificate of Need

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Sherritt v. SB Paulding Commons, LLC

    Publication Date: 2024-03-11
    Practice Area: Damages | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Shane Stogner, (Stogner Law, LLC) Marietta, for appellant.
    for defendant: David Ellison, (Fortson Bentley and Griffin PA), Athens, for appellee.
    Case Number: A23A1647

    Court affirms enforceability of a lease guaranty but vacates calculation of damages in a lease dispute and remands for evaluation of penalty clause under the proper standard

  • Scarbrough v. Phillips et al.

    Publication Date: 2024-03-08
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Beck, (Lawson & Beck, LLC), Peachtree City, for appellant.
    for defendant: Monica Gilroy, (The Gilroy Firm), Atlanta, Matthew Totten, (The Totten Firm, LLC), Atlanta, for appellee.
    Case Number: A23A1228

    Court affirms property owner's right to maintain utility lines on adjacent property outside express easement for maintenance based on a property interest arising from a quasi-easement

  • Barsamian v. Glynn County Board of Tax

    Publication Date: 2024-03-07
    Practice Area: Real Estate | Tax
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: James Roberts, (Roberts Tate, LLC), St. Simons Island, for appellant.
    for defendant: Gregory Carter, Amanda Szokoly, (Brown Reddick Bumgartner Carter Strickland & Watkins, LLP), Brunswick, for appellee.
    Case Number: A23A1344

    Court affirms inclusion of the value of memberships in a private club in property tax valuations for purposes of property tax assessments

  • First Center, Inc., et al. v. Cobb County, et al.

    Publication Date: 2024-03-06
    Practice Area: Government | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Kirk Randall Fjelstul, Kathryn M. Zickert, William John Diehl, II, (Smith Gambrell Russell, LLP), Atlanta, for appellant.
    for defendant: Russell A. Britt, Pearson Kern Cunningham, (Hall Booth Smith PC), Atlanta, Debra Lynn Blair, Hugh William Rowling, Jr., (Cobb County Attorney’s Office), Marietta, for appellee.
    Case Number: S24A0309

    Court affirms dismissal of a lawsuit challenging subdivision wall height rules, basing the dismissal on sovereign immunity grounds

  • Kennestone Hospital, Inc. d/b/a Wellstar Windy Hill Hospital v. Emory University d/b/a Emory University Hospital Smyrna, et al.

    Publication Date: 2024-02-29
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: David Boone Darden, Armando Luis Basarrate, II, Grace Park Blood, (Parker Hudson Rainer & Dobbs, LLP), Atlanta, Robert D. Ingram, David Patrick Conley, (Moore, Ingram, Johnson & Steele, LLP), Marietta, for appellant.
    for defendant: Robert Charles Threlkeld, Elliott Leigh Coward, (Morris Manning & Martin, LLP), Atlanta, Stacey Ann Hillock, (Georgia Department of Community Health), Atlanta, Margaret Kemmerly Eckrote, Jeffrey William Stump, Christopher M. Carr, Charles K. Thimmesch, Cathelynn Tio, Stephen John Petrany, James Edward Barrett, (Department of Law), Atlanta, for appellee.
    Case Number: S22G1282

    Court clarifies that a hospital certificate of need ("CON") is a private property right, vacates appellate court opinion to the contrary, and remands for further analysis