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  • Vazemiller et al. v. Sanders

    Publication Date: 2021-08-19
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Turner, (Schulten Ward & Turner, LLP), Atlanta, Kevin McDonough, (Attorney at Law), Cumming, Deborah Pittman, (Miles Hansford and Tallant, LLC.), Cumming, for appellant.
    for defendant: Warner Hodges, Cumming; Theodore Spaulding, Cumming, Jeremy Hayes, (Spaulding Law LLC), Cumming, for other party.
    Case Number: A21A1151

    Trial Court Erred in Concluding That Purchasers of Land Had Notice of Purported Landowner's Deed and Could Not Qualify as Bona Fide Purchasers for Value

  • Sage Atlanta Properties, Ltd. v. The Diner Group of Georgia, LLC et al.

    Publication Date: 2021-08-19
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Richard Schrade, (Attorney at Law), McDonough, for appellant.
    for defendant: William Miles, Daniel Wirth, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, Orion Webb, (Smith, Welch, Webb & White, LLC), Stockbridge, Tammi Duncan, Senoia, for appellee.
    Case Number: A21A1128

    Under Plain Terms of the Guaranties, Guarantors Are Liable for Rent Under Lease Renewal

  • WS CE Resort Owner, LLC v. Holland et al.

    Publication Date: 2021-08-13
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Sullivan, (Burr & Forman, LLP), Atlanta, Julie Sellers, (Dillard Sellers LLC), Atlanta, Kevin Stone, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Jeffrey Haymore, Julie Sellers, Randolph Russell, (Dillard Sellers LLC), Atlanta, John Stell, (Stell, Smith & Mattison, P.C.), Winder, for Appellee.
    Case Number: A21A0329

    Court affirms implied easement in favor of property owners who purchased lots in reliance on construction of an adjacent golf course

  • Cross et al. v. Wilmington Trust, National Association, solely as trustee for Mfra Trust 2014-2

    Publication Date: 2021-08-12
    Practice Area: Bankruptcy | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: James Key, (Attorney at Law), Atlanta, for appellant.
    for defendant: Tania Tuttle, Sarah Monico, (McLain & Merritt PC), Alpharetta for appellee.
    Case Number: A21A0545

    Issues of Fact Exist as to Whether Parties Intended That Entire Property Serve as Collateral for Purchase Money Loan

  • Gastel v. Dekalb County et al.

    Publication Date: 2021-08-11
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: George Butler, (Attorney at Law), Dahlonega, for appellant.
    for defendant: Bennett Bryan, (DeKalb County Law Department), Decatur, John Jones, (Assistant County Attorney), Decatur, for appellee.
    Case Number: A21A0032

    Trial Court Erred in Characterizing Lawsuit Challenging Denial of Zoning Variance Request as Mandamus Action

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    A Letter from Your Client

    Authors: By Alex Geisler

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  • Steward et al. v. Arandia et al.

    Publication Date: 2021-08-10
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Robert Stansfield, (Attorney at Law), Covington, for appellant.
    for defendant: Jeffrey Barnes, (Barnes Firm LLP), Atlanta, for appellee.
    Case Number: A21A0418

    Trial Court Erred in Considering Affidavit Submitted in Support of Survey; Remanded for Court to Reconsider Survey's Admissibility

  • Starks et al. v. Carver et al.

    Publication Date: 2021-08-09
    Practice Area: Business Torts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Ned Blumenthal, Seth Weissman, (Weissman, Nowack, Curry & Wilco, P.C.), Atlanta, for appellant.
    for defendant: Paul Andrew, (Andrew, Merritt, Reilly & Smith), Lawrenceville, for other party,
    Case Number: A21A0572

    Court reverses denial of summary judgment in a negligence action against a real estate broker because claimant was a customer, not a client, and was owed a lower duty

  • Pulte Home Company, LLC v. Juanita M. Aycock Living Trust

    Publication Date: 2021-08-05
    Practice Area: Administrative Law | Public Records
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: James Balli, (Taylor English Duma, LLP), Atlanta, for appellant.
    for defendant: Hylton Dupree, (Dupree & Kimbrough, LLP), Marietta, for appellee; Debra Blair, Lauren Bruce, (Cobb County Attorney's Office), Marietta, for other party.
    Case Number: A21A0640

    County That Has Easement Over Entire Road Can Issue Permits to Perform Work on Unpaved Portion of Road

  • Durham v. Dollar Tree Stores, Inc. et al.

    Publication Date: 2021-08-05
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Erica Durham, Opelika, for appellant.
    for defendant: Rebecca Strickland, Nelofar Agharahimi, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.
    Case Number: A21A0624

    Trial Court Erred by Issuing an Incomplete Jury Instruction on Apportionment in Premises Liability Action; Denial of Motion for New Trial Remanded

  • Waters v. Waters

    Publication Date: 2021-08-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jeffrey Butler, (Woodward & Butler, LLC), Augusta, for Appellant.
    for defendant: James Overstreet, Katherine Williams, (Klosinski Overstreet, LLP), Augusta, for Appellee
    Case Number: A21A0092

    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.