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  • Dashtpeyma v. Walker et al.

    Publication Date: 2021-06-29
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Hassan Dashtpeyma, Marietta, for appellant.
    for defendant: Dana Maine, (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A21A0631

    Res Judicata Precluded New Action Based on Same Facts and Relating to Same Parties Involved in Earlier, Resolved Action

  • Love et al. v. Fulton County Board of Tax Assessors et al.

    Publication Date: 2021-06-24
    Practice Area: Evidence | Tax
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Wayne B. Kendall, (Wayne B. Kendall, P.C.), Fayetteville, for appellant.
    for defendant: Christopher M. Carr, Julie Adams Jacobs, Alex Fredrick Sponseller, John Scott Forbes,, Joseph Lawton Bearden, (Department of Law), Atlanta, Robert Sparks Highsmith, Jr., Allen Andre Hendrick, Phil James George, (Holland & Knight LLP), Atlanta, Detriss Thomas, Patrise M. Perkins-Hooker, Kaye Woodard Burwell, Cheryl Melissa Ann Ringer, (Office of the Fulton County Attorney), Atlanta, , for appellee.
    Case Number: S21A0329

    Trial Court Did Not Err in Dismissing Fulton County Taxpayers' Mandamus Claim Against Board of Tax Assessors

  • Freeport Title & Guaranty Inc., as Trustee of The 4977 Memorial Trust v. Tegeue et al.

    Publication Date: 2021-06-21
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Clark, (Clark Caskey, LLC), Atlanta, for appellant.
    for defendant: Lawrence Kelly, Austin James, Elizabeth Padgett, (Fidelity National Law Group), Atlanta, Tania Tuttle, Sarah Monico, (McLain & Merritt PC), Alpharetta, Brett Ledermeier, (McLain & Merritt PC), Atlanta, Craig Pendergrast, (Taylor English), Atlanta, for appellee. Paris Wynn, (U.S. Department of Justice), Atlanta, for other party
    Case Number: A21A0232

    Court affirms dismissal of petition to quiet title, concluding that no reversion of title occurred even though a recorded security deed did not specify a debt maturity date

  • 2800 Chamblee Diamond, LLC v. Fitsum et al.

    Publication Date: 2021-06-18
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jason Graham, Robert Kozloski, (Graham Legal, LLC), Atlanta, Mary Meyer, David Jaffer, (Jaffer Law, PC), Tucker, for appellant.
    for defendant: Aaron Chausmer, (Chausmer Law LLC), Atlanta, for appellee.
    Case Number: A21A0348

    In a dispute between a landlord and tenant in a commercial lease, court reverses order as to certain restricted uses but affirms as to others, and reverses award of damages

  • D. Rose, Inc. et al v. City of Atlanta et al.

    Publication Date: 2021-06-16
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Kyler Wise, (Wilson Brock & Irby, LLC), Atlanta, for appellant.
    for defendant: Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, for appellee.
    Case Number: A21A0168

    Court affirms summary judgment order in favor of the City of Atlanta, finding that a setback restriction was not a total taking that amounted to an inverse condemnation

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  • Davidson v. Lindfield Holdings, LLC

    Publication Date: 2021-06-04
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Preston Haliburton, (Haliburton Law Firm), Atlanta, Edwin Wilson, (Attorney at Law), Snellville, William Davidson, Snellville, for appellant.
    for defendant: John Ayoub, Carolina Bryant, (Ayoub & Mansour LLC), Atlanta, for appellee.
    Case Number: A21A0250

    Trial Court Did Not Err in Adopting Special Master's Finding in Quiet Title Dispute

  • Mancuso v. Jackson

    Publication Date: 2021-06-03
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Peter Mancuso, Conyers, for appellant.
    for defendant: Tangela Richmond, Marietta, Ethan Pham, (Nguyen & Pham LLC), Norcross, for appellee.
    Case Number: A21A0629

    Party Claiming Excess Funds from Property Tax Sale Not Entitled to Jury Trial

  • Francis v. NR Deed, LLC

    Publication Date: 2021-06-01
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Neville Francis, (Attorney at Law), Atlanta, for appellant.
    for defendant: William Sams, (W. Shannon Sams Law, P.C.), Atlanta, John Ramsey, (Attorney at Law), Atlanta, for appellee.
    Case Number: A21A0377

    Failure of Property Owner in Quiet Title Action to Appear at Status Conferences Was Willful; Notice of Right to Redeem Was Properly Posted on House

  • Smith v. Tibbits, Executor et al.

    Publication Date: 2021-05-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Donald Defoor, (Don F. Defor, P.C.), Douglasville, for appellant.
    for defendant: Robert Carlson, Harry MacDougald, Christine Buckler, (Caldwell, Carlson, Elliott & DeLoach, LLP), Atlanta, for appellee.
    Case Number: A20A1987

    Court reverses summary judgment in favor of an estate executor when genuine issue of material fact existed as to whether certain real and other property had been transferred

  • Crippen & Lawrence Investment Company, Inc. v. A Tract of Land Being Known As 444 Lemon Street, Marietta Cobb County, Georgia et al.

    Publication Date: 2021-05-03
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Coleman, (Coleman Law, LLC), Atlanta, for appellant.
    for defendant: Reginald Snyder, (Dye Snyder, LLP), Atlanta, Kevin Dixon, Acworth, for appellee. Frederic Beloin, (Beloin, Brown & Blum, LLC), Atlanta, for other party.
    Case Number: A19A0463

    Court remands a quiet title petition for trial court to determine if an executor assented to a transfer of property to an heir that later sold it in a non-judicial tax sale