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  • Tucker et al. v. Brannen Lake East, LLC

    Publication Date: 2024-02-28
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A23A1265

    Court reverses trial court ruling that had restricted lot owners' lake access and affirmed their express easement right to use the lake

  • Schaffer v. Collinsville Meadow Townhomes, LLC

    Publication Date: 2024-02-23
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A23A1382

    Court vacates trial court order that precluded a previous owner from asserting an ownership interest in a parcel of property and remands for reconsideration of consideration in conveyance

  • Moye v. Northhaven Homeowners Association, Inc.

    Publication Date: 2024-02-21
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Jonathan Alderman, (Anderson, Walker & Reichert), Macon, for appellant.
    for defendant: Thomas Allen, (Martin Snow, LLP), Macon, for appellee.
    Case Number: A23A1709

    Court reverses declaratory judgment favoring an HOA, and rules that new construction on a certain tract in a subdivision is exempt from construction covenants

  • Adam Rice et al. v. Fulton County et al.

    Publication Date: 2024-02-20
    Practice Area: Civil Procedure | Class Actions
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, Jonathan Palmer, (Knight Palmer, LLC), Atlanta, Ranse Partin, (Conley Griggs Partin LLP), Atlanta, Lindsey Hillis, (The Hillis Firm), Atlanta, Nicholas Sears, (Nicholas Sears), Atlanta, for appellant.
    for defendant: Colin Delaney, Dana Richens, Anthony Rollins, Edward Wasmuth, Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, Detriss Thomas, Kaye Burwell, (Fulton County Office of the County Attorney), Atlanta, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, Joyce Lewis, Kana Caplan, (Krevolin Horst, LLC), Atlanta, Laura Yellig, (Fulton County Public Defender), Atlanta, Jacob Edwards, (Krevolin Horst), Atlanta, Hermise Pierre, (City of Atlanta Department of Law), Atlanta, John Petty, (City of Roswell Legal Department), Roswell, David Davidson, (Attorney at Law), Roswell, for appellee; Richard Carothers, (Attorney at Law), Buford, for Other Party.
    Case Number: A23A1646

    Court reverses denial of class certification in a taxpayers' proposed class action property tax lawsuit against Fulton County

  • Brixmor New Chastain Corners SC, LLC v. James

    Publication Date: 2024-02-15
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: Joshua Stein, (J. Stein Law Firm), Atlanta, for appellee.
    Case Number: A22A1499

    On remand from the Georgia Supreme Court, the court affirmed denial of shopping center's summary judgment motion in a premises liability case and adjusts its ruling on spoliation

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

    Publication Date: 2024-01-23
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    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, (Office of the Attorney General), Atlanta, Luther Beck, John Zwald, (Beck, Zwald & Associates, LLC), Buford, for appellee.
    Case Number: A21A1459

    Court vacates its previous ruling and adopts Supreme Court opinion that reversed the dismissal of a plaintiff's property nuisance claim, finding that the statute of limitations had not been tolled

  • In the Matter of Steven Ryan Webster.

    Publication Date: 2024-01-22
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Craig A. Webster, (Webster Law Group, Inc.), Tifton, for appellant.
    for defendant: Andreea N. Morrison, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellee.
    Case Number: S24Y0019

    Court accepts attorney's voluntary petition to surrender his license in a case involving financial mismanagement and trust account violations in relation with real estate services

  • Brixmor New Chastain Corners SC, LLC v. James

    Publication Date: 2024-01-16
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Charles R. Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: Joshua Sims Stein, (J. Stein Law Firm), Atlanta, for appellee.
    Case Number: S23G0795

    Court of clarifies legal considerations and standards that should be applied to spoliation of evidence issues for purposes of assessing sanctions in premises liability actions

  • Marques v. JP Morgan Chase Bank, N.A. et al.

    Publication Date: 2023-12-22
    Practice Area: Banking and Finance Laws | Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Antoinette Marques, Lithonia, for appellant.
    for defendant: Lisa Frank, (McCalla Raymer Leibert Pierce, LLC), Roswell, Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, Kane St. John, (Attorney at Law), Marietta, for appellee.
    Case Number: A23A1266

    Court affirms dismissal of most claims in a wrongful foreclosure lawsuit but reverses as to dismissal of plaintiff's claim that a successor lender failed to comply with a statutory notice requirement

  • Savannah State University Foundation, Inc. et al. v. Lewis et al.

    Publication Date: 2023-12-20
    Practice Area: Premises Liability
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Brian Smith, Phillip Hartley, (Attorney at Law), Gainesville, for appellant.
    for defendant: Ashleigh Madison, (Southeast Law, LLC), Savannah, John Carson, (Phillips Carson & Phillips), Savannah, for appellee.
    Case Number: A23A1199

    Court reverses denial of defendants' summary judgment motion in a premises liability case, finding that defendants were out-of-possession landlords that did not control or possess the property