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  • Bazemore et al. v. U. S. Bank National Association et al.

    Publication Date: 2022-05-16
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Clifford Hardwick, (Law Offices of Clifford E. Hardwick, IV), East Point, for appellant.
    for defendant: John Kearns, Steven Flynn, Elizabeth Campbell, (Locke Lord LLP), Atlanta, Kimberly Wright, (McCalla Raymer Leibert Pierce, LLC), Roswell, William Tate, (McCalla Raymer, LLC), Roswell, for appellee.
    Case Number: A22A0355

    Court affirms dismissal of some claims but reverses dismissal of others in a wrongful foreclosure action because plaintiffs made sufficient allegations in their pleadings

  • Star Residential, LLC et al. v. Hernandez

    Publication Date: 2022-04-22
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Willie Ellis, Warner Fox, Elliott Ream, (Hawkins Parnell Thackston & Young, LLP), Atlanta, for appellant.
    for defendant: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, Warren Smith, William Smith, (W.Calvin Smith, II, P.C.), Atlanta, for appellee; Jacob Daly, (Freeman, Mathis & Gary, LLP), Atlanta for AM.
    Case Number: A19A2267

    An injured party does not have a private cause of action for nuisance against an apartment complex under the Georgia Street Gang terrorism Prevention Act.

  • Williams v. Jamont et al.

    Publication Date: 2022-04-21
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Sonja Williams, (ShockTheory DLV, Inc.), Alpharetta, for appellant.
    for defendant: Matthew Carlton, (Carlton Law, LLC), Decatur, Brian Jenabzadeh, (Attorney at Law), Alpharetta, for appellee.
    Case Number: A22A0219

    Court affirms summary judgment for defendants in a consolidated breach of contract and dispossessory action based on plaintiff's deemed admissions of requests to admit

  • Oldham et al. v. Landrum, III et al.

    Publication Date: 2022-04-19
    Practice Area: Litigation
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Larry Oldham, (Larry C. Oldham, P.C.), Cumming, for appellant.
    for defendant: Dana Maine, Mallory Ball, (Freeman Mathis & Gary, LLP), Atlanta, Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Henry Tharpe, (Sponcler & Tharpe, LLC), Dalton, Myrece Johnson, (Attorney at Law), Atlanta, for appellee.
    Case Number: A21A1271

    Court vacates dismissal of abusive litigation complaint and remands for determination of whether real party-in-interest should be added as a plaintiff

  • Villages of Cascade Homeowners Association, Inc. v. Edwards

    Publication Date: 2022-04-15
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Jacob Daly, (Freeman, Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Michael Smith, (Law Offices of Michael Smith, LLC), Decatur, Brynda Insley, (Taylor English Duma LLP), Atlanta, for appellee.
    Case Number: A21A1336

    Court reverses denial of Homeowners Association's motion for summary judgment on injured resident's claims for premises liability, nuisance, and punitive damages

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  • Donrob Investments, L. P. et al. v. 360 Residential, LLC et al.

    Publication Date: 2022-04-15
    Practice Area: Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Michael Bowers, Christopher Fairchild, (Johnson Marlowe LLP), Athens, Thomas Camp, (Camp Firm, LLC), Newnan, for appellant.
    for defendant: John Christy, Debbie Wilson, (Schreeder, Wheeler & Flint), Atlanta, for appellee.
    Case Number: A21A1433

    Court affirms specific performance on a purchase and sale contract for a parcel of land but reverses as to purchaser's right to collect money damages

  • Wise Business Forms Inc. v. Forsyth County et al.

    Publication Date: 2022-04-15
    Practice Area: Damages | Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: George Butler, (Attorney at Law), Dahlonega, for appellant.
    for defendant: Christopher Hamilton, Gregory Meyer, (Jarrard & Davis, LLP), Cumming, Julie Jacobs, Christopher Carr, Keilani Parker, Mary Volkert, (Assistant Attorney General), Atlanta, Luther Beck, John Zwald, (Bekc Zwald & Associates, LLC), Buford, for appellee.
    Case Number: A21A1459

    Court affirms dismissal of claims for per se taking and inverse condemnation as being barred by the statute of limitations

  • North Atlanta Golf Operations, LLC et al. v. Ward

    Publication Date: 2022-04-11
    Practice Area: Personal Injury | Social Media
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: F. Hallman, Richard Wingate, (Hallman & Wingate, LLC), Marietta, for appellant.
    for defendant: W. McCurdy, (Law Office of W. Phillip McCurdy, LLC), Norcross, for appellee.
    Case Number: A21A1525

    Court reverses summary judgment for defendant as to plaintiff's claim for libel and related claims for damages, fees and an injunction, but affirms as to tortious interference

  • Windward Campus Owner, LLC v. Good Night Medical of Ohio, LLC et al.

    Publication Date: 2022-04-07
    Practice Area: Deals and Transactions
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Dolinsky, (Law Offices of David R. Dolinsky), Atlanta, Michael Weinstein, (MBW Law, LLC), Atlanta, for appellant.
    for defendant: Donald Boyle, John Richard, (Continuum Legal Group LLP), Atlanta, G. Nason, (Lamberth Cifelli Ellis & Nason PA), Atlanta, for appellee.
    Case Number: A21A1192

    Court affirms summary judgment order concluding that a voidable transaction did not occur and purchaser of commercial tenant's assets was not liable for rent payments

  • Carlisle v. Broe

    Publication Date: 2022-04-06
    Practice Area: Business Torts | Contractual Disputes
    Industry: Entertainment and Leisure | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Robert Strickland, (Smith, Welch, Webb & White, LLC), McDonough, Timothy Shepherd, (Timothy N. Shepherd, LLC), Griffin, for appellant.
    for defendant: James Johnson, (Johnson Trial Law, LLC), Decatur, for appellee.
    Case Number: A21A1809

    Disputed Issues of Material Fact Precluded Summary Judgment in Bar Owner's Claim Against Manager For Breach of Fiduciary Duty