• Sloans v. The State

    Publication Date: 2021-08-02
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jordan Van Matre, (The Law Office of Jordan K. Van Matre, P.C.), McDonough, for Appellant.
    for defendant: Fani Willis, Paul Howard, Mathew Plott, (Fulton County District Attorney's Office), Atlanta, for Appellee.

    Case Number: A21A0125

    Court reverses partial summary judgment grant where material questions of fact existed as to the identity of the person who signed a warranty deed in a land transfer.

  • Omnitech Institute, Inc. et al. v. Norwood

    Publication Date: 2021-08-02
    Practice Area: Dispute Resolution
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Todd Pearson, Regina Molden, (Molden, & Holley, LLC), Atlanta, for appellant.
    for defendant: Steven Wolfe, Amelia Ragan, (Legare, Attwood & Wolfe, LLC), Decatur, for appellee.

    Case Number: A21A0294

    Court reverses denial of motion to compel arbitration, finding that trial court erred in applying effective vindication defense regarding plaintiff's inability to afford costs

  • Jones v. City of Atlanta

    Publication Date: 2021-07-29
    Practice Area: Administrative Law | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James Hurt, (Hurt Stolz, P.C.), Watkinsville, John Woodham, (Woodham Law, LLC), Atlanta, for appellant.
    for defendant: Matthew Calvert, Eric Taylor, Laura Wagner, Ra Amen, (Hunton Andrews Kurth LLP), Atlanta, for appellee.

    Case Number: A21A0370

    Court Reverses Trial Court's Determination That It Lacked Jurisdiction Due to Plaintiff's Failure to File Complaint Within 30 Days of Appeal Board's Decision

  • Star Residential, LLC et al. v. Hernandez

    Publication Date: 2021-07-19
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Willie C. Ellis, Jr., Warner S. Fox, Elliott Crawford Ream, (Hawkins Parnell Thackston & Young, LLP), Atlanta, Robert B. Gilbreath, (Hawkins Parnell Thackston & Young, LLP), Dallas, for Appellant.
    for defendant: Sidney Leighton Moore, (The Moore Law Firm, P.C.), Decatur, for Appellee; Warren Calvin Smith, (W. Calvin Smith, II, P.C.), Atlanta, for other party; Jacob Edward Daly, (Freeman Mathis & Gary, LLP), Atlanta, Jeffrey S. Ward, (Drew, Eckl & Farnham LLP), Brunswick, Elissa Blache Haynes, (Drew, Eckl & Farnham LLP), Atlanta, Malissa Anne Kaufold-Wiggins, (Balch & Bingham, LLP), Atlanta, Philip Michael Thompson, (Ellis Painter Ratterree & Adams LLP), Savannah, James Miachaell Williams, (Georgia Apartment Association), Atlanta, Barry Goheen, (Fisherbroyles, LLP), Atlanta, for Amicus Appellant.

    Case Number: S20G1214

    Court reverses denial of a property manager's motion to dismiss an injured party's cause of action for nuisance under the Street Gang Terrorism Act

  • Poverty Destroyed Forever, LLC. v. Visio Financial Services, Inc. et al.

    Publication Date: 2021-07-15
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Joseph Todd, (Joseph M. Todd, P.C.), Jonesboro, for appellant.
    for defendant: Howell Hall, (Shapiro Pendergast & Hasty, LLP), Atlanta, for appellee.

    Case Number: A21A0461

    In a foreclosure action, the Court affirmed a directed verdict dismissing a claim for punitive damages and the denial of debtor's motion to set aside a foreclosure action

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  • Fulton County Board of Tax Assessors v. Technology Square, LLC

    Publication Date: 2021-07-14
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, for appellant.
    for defendant: Lindsey Hillis, Delia Williams-Carroll, (The Hillis Firm, LLC), Atlanta, for appellee.

    Case Number: A21A0204

    Court vacates and remands orders for proper findings on whether the delays by the Board of Tax Assessors were unreasonable and inexcusable

  • Bennett v. McPhatter

    Publication Date: 2021-07-13
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Steven Bristol, Mary Boone, Timothy Bishop, (Hall Booth Smith, PC), Brunswick, for appellant.
    for defendant: David Eichholz, Kathryn Sherry, (The Eichholz Law Firm), Savannah, for appellee. Brenda Daughtry, Savannah, for other party.

    Case Number: A21A0270

    Title: Court reverses denial of landlord's summary judgment motion in a premises liability action where the landlord had no actual or constructive knowledge of a defect

  • Douglas R. Wilson et al v. Redmond Construction, Inc.

    Publication Date: 2021-07-09
    Practice Area: Attorney Compensation | Civil Procedure | Evidence
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Robert Lovett, (FisherBroyles, LLP), Savannah, for appellant.
    for defendant: Thomas Evans, (Oliver Maner LLP), Savannah, for appellee.

    Case Number: A21A0506

    Bona Fide Controversy Precluded Attorney Fees Award For Stubborn Litigiousness or Unnecessary Trouble and Expense

  • McBrayer et al. v. Governors Ridge Office Park Association, Inc. et al.

    Publication Date: 2021-07-07
    Practice Area: Real Estate
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Robert Remar, Michael Eber, (Rogers & Hardin LLP), Atlanta, for appellant.
    for defendant: Alexander Levorse, Noah Rosner, (Attorney at Law), Atlanta, for appellee. Darren Summerville, (The Summerville Firm, LLC), Atlanta, Sean Young, (American Civil Liberties Union Foundation of Georgia, Inc), Atlanta, Christine Castro, Susan Frietsche, (Women's Law Project), Pittsburgh, David Cohen, (Thomas Kline School of Law), Philidelphia, for AM.

    Case Number: A21A0262

    Court orders new trial for a medical office abortion provider where original jury verdict was not supported by evidence showing nuisance

  • Doxey v. Crissey et al.

    Publication Date: 2021-07-05
    Practice Area: Civil Appeals | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Hylton Dupree, Blake Carl, (Dupree & Kimbrough, LLP), Marietta, for appellant.
    for defendant: Robert Beard, (Attorney at Law), Marietta, Richard Calhoun, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, for appellee.

    Case Number: A21A0203

    Court vacates amended order and remands case for the trial court to conduct proceedings and to consider evidence on the changed use of an easement