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  • Starks et al. v. USG Real Estate Foundation III, LLC

    Publication Date: 2021-11-08
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, Samuel Starks, Shean Williams, (The Cochran Firm), Atlanta, for appellant.
    for defendant: Brian Smith, (Attorney at Law), Gainesville, for appellee.
    Case Number: A21A0950

    Court affirms summary judgment in favor of out-of-possession landlord on plaintiffs' claims for negligence and nuisance related to a shooting death of their son

  • J.P. Carey Enterprises, Inc. v. Cuentas, Inc.

    Publication Date: 2021-11-05
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Scott Bonder, Carson Modrall, (Fried Bonder White LLC), Atlanta, Christopher Giovinazzo, Michael Terry, (Bondurant, Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Franklin Brannen, Joshua Curry, Ronald Masterson, (Lewis Brisbois Bisgaard Smith LLP), Atlanta, for appellee.
    Case Number: A21A0703

    Court affirms ruling that certain provisions in a convertible note were unenforceable penalties but reverses and remands as to whether noteholder waived default provisions

  • Moran v. Team Elite Realty, LLC

    Publication Date: 2021-11-02
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Frederick Massey, (Massey & Sharry, LLP), Winder, Darren Penn, (Penn Law LLC), Atlanta, James Seifter, (Attorney at Law), Atlanta, for appellant.
    for defendant: Allen Broughton, Robert Parker, (Allen L Broughton PC), Atlanta, John Stell, (Stell, Smith & Mattison, P.C.), Winder, for appellee.
    Case Number: A21A1036

    Court affirms summary judgment for property owner and realtor in a slip and fall case where neither defendant had actual or constructive knowledge of property defect

  • Department of Transportation v. Mixon

    Publication Date: 2021-10-28
    Practice Area: Constitutional Law | Government | Real Estate
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Christopher M. Carr, Loretta L. Pinkston-Pope, Kathleen S. Turnipseed, Angela Ellen Cusimano, (Department of Law), Atlanta, Kathleen M. Pacious, (Office of the Attorney General), Atlanta, for appellant.
    for defendant: Douglas Lamar Gibson, (Gibson & Associates, PC), Waycross, for appellee.
    Case Number: S20G1410

    Sovereign Immunity Did Not Bar Landowner's Claim for Injunctive Relief Based on Alleged Flooding Following Road-Widening Project

  • Ochoa et al. v. Coldwater Creek Homeowners Association, Inc.

    Publication Date: 2021-10-25
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: William Arroyo, (William H. Arroyo & Associates), Tucker, for appellant.
    for defendant: Jason Voyles, (Hulsey, Oliver & Mahar, LLP), Gainesville, for appellee.
    Case Number: A21A0914

    Court affirms summary judgment in favor of a property owners' association regarding covenant violations but reverses as to the amount of the Association's recovery

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  • ALR Oglethorpe, LLC et al. v. Fidelity National Title Insurance Company

    Publication Date: 2021-10-22
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kathryn Pinckney, Brent Savage, (Savage Turner & Pinckney PC), Savannah, for appellant.
    for defendant: Dana Diment, (Diment Carroll LLP), Carrollton, Robert Lovett, (FisherBroyles, LLP), Savannah, Samantha Gunnison, (Diment Porterfield LLP), Carrollton, for appellee.
    Case Number: A21A0989

    Court affirms summary judgment for title company and against a developer in a matter involving a title abstract that omitted to identify the beneficiary of an easement

  • U. S. Bank Trust National Association as Delaware Trustee et al. v. Chieftain Atlanta, L. P.

    Publication Date: 2021-10-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Sean Quirk, (Shapiro Pendergast & Hasty, LLP), Atlanta, for appellant.
    for defendant: James Blum, (Blum & Campbell, LLC), Peachtree Corners, for appellee; Jasmyne Jackson, Macon, Jacorrey Howard, Macon, for other party.
    Case Number: A21A0796

    Court reverses denial of summary judgment for a holder of a first security interest in a property where a forged cancellation had purportedly cancelled the holder's lien

  • In the Matter of Carl S. Von Mehren.

    Publication Date: 2021-09-22
    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, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Gene Chapman, (Gene Chapman LLC), Atlanta, for appellee; Herman Maddox Kilgore, (Kilgore & Rodriguez LLC), Marietta, Catherine Koura, (Constangy, Brooks, Smith & Prophete, LLP), Atlanta, for other party.
    Case Number: S21Y1097

    Six-Month Suspension Appropriate Discipline For Trust Account Violation and For Representation Failure in Real Estate Case

  • Vasudeva v. Dagnew et al.

    Publication Date: 2021-09-03
    Practice Area: Dispute Resolution | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Gary Freed, Thomas Grant, (Freed Grant, LLC), Atlanta, for Appellant.
    for defendant: Ramsey Knowles, (Taylor English Duma LLP), Atlanta, Jared Hodges, (Knowles Gallant LLC), Atlanta, for Appellee.
    Case Number: A21A0866

    Court reverses order that dismissed a lawsuit and compelled arbitration after concluding that an arbitration clause was unenforceable because it was not initialed

  • In the Matter of Timothy Walter Boyd.

    Publication Date: 2021-08-30
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Wolanda R. Shelton, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Timothy Walter Boyd, (Boyd Law Group LLC), Johns Creek, for Appellee; Herman Maddox Kilgore, (Kilgore & Rodriguez LLC), Marietta, Laura Joan Murphree, (Cobb County Attorney's Office), Marietta, for Other Party.
    Case Number: S21Y0608

    Disbarment Appropriate Sanction For Attorney Who Committed Numerous Serious Rules Violations In Connection With Probate Matter