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  • Salvati v. Deloach Brokerage, Inc.

    Publication Date: 2020-11-25
    Practice Area: Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: James Durham, (Hall Booth Smith, P.C.), Brunswick, Joseph Emanuel, (Webb Tanner & Powell), Lawrenceville, for appellant.
    for defendant: Eric Bumgartner, (Brown Readdick Bumgartner Carter Strickland & Watkins, LLP), Brunswick, Charles Moulton, Jeffrey Rentz, William Cullens, (Williams, Rentz, Moulton & Associates, P.C.), Saint Simons Island, for appellee.
    Case Number: A20A1318

    Court affirms summary judgment order ruling that a broker was entitled to a sales commission but reverses as to the amount of that commission

  • Galt Automotive Properties, LLC et al. v. Advesco, LLC

    Publication Date: 2020-11-24
    Practice Area: Business Torts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Alexander Sedki, William Sheppard, (James-Bates-Brannan-Groover-LLP), Atlanta, for appellant.
    for defendant: Lisa Harper, Dustin Harper, (Taylor Feil Harper Lumsden & Hess, P.C.), Atlanta, for appellee.
    Case Number: A20A0838

    Court affirms damages award and judgment against parties that entered onto land and removed trees and timber without landowner's knowledge or permission.

  • In Re Estate of George Thomas Cornett, Jr.

    Publication Date: 2020-11-24
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Reese
    Attorneys: For plaintiff: Daniel Diffley, Marguerite Miller, (Alston & Bird, LLP), Atlanta, for appellant.
    for defendant: Theodore Welch, Theodore Welch, (Stillman Welch LLC), Atlanta, Spence Johnson, (Johnson Marlowe LLP), Athens, for appellee.
    Case Number: A20A0856

    Court affirms removal of successor executor of an estate following probate court findings of mismanagement and dissipation of estate assets

  • Clay v. Douglasville-Douglas County Water and Sewer Authority et al.

    Publication Date: 2020-11-18
    Practice Area: Civil Appeals | Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Robert Clay, Douglasville, for appellant.
    for defendant: Timothy Buckley, Kelly Christopher, (Buckley Christopher & Haff, P.C.), Atlanta, for appellee. Laurel Henderson, (The Balch Law Group), Atlanta, for other party.
    Case Number: A20A1320

    Court dismisses appellant's direct appeal because it lacked jurisdiction, as appellant was required to file an application for a discretionary appeal in the matter

  • Najarian Capital, LLC v. Milford, et al.

    Publication Date: 2020-11-18
    Practice Area: Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Kane St. John, (Attorney at Law), Marietta, for appellant.
    for defendant: Sherrie Milford, College Park, Bret Chaness, (Rubin Lublin, LLC), Peachtree Corners, Kearstin Sale, (Seyfarth Shaw, LLP), Atlanta, for appellee.
    Case Number: A20A1371

    Court determines that mortgage company properly foreclosed on a loan and that subsequent purchaser was entitled to possession and damages for imputed rent

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    State Antitrust Law

    Authors: William T. Lifland

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  • Coastal Credit, LLC v. Howard

    Publication Date: 2020-11-17
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Timothy Haeussler, (Attornet at Law), Rincon, Todd Poole, (Poole Huffman), Tucker, Scott McMahan, (Poole Huffman, LLC), Decatur, for appellant.
    for defendant: Renee Howard, Savannah, for appellee.
    Case Number: A20A0940

    Court reverses final orders in favor of borrowers and remands case for entry of judgment in favor of lender where borrowers failed to file answers to complaints

  • Crippen & Lawrence Investment Co., Inc. v. A Tract of Land Being Known As 444 Lemon Street, et al.

    Publication Date: 2020-11-16
    Practice Area: Civil Procedure | Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: John Hampton Coleman, (Coleman Law, LLC), Atlanta, for appellant.
    for defendant: Reginald L. Snyder, (Taylor English Duma, LLP), Atlanta, for appellee. James L. McDaniel, (McDaniel & Scott), Decatur, Barry Phillip Bettis, (Bettis Law Group, LLC), Alpharetta, for Amicus Appellant.
    Case Number: S19G1645

    Tax Sale Purchaser of Property Had Standing to Claim Estate Executor Had Impliedly Assented to Devise of Property

  • Cherokee County, Georgia v. Inline Communities, LLC et al.

    Publication Date: 2020-11-13
    Practice Area: Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Angela Davis, Paul Frickey, (Jarrard & Davis, LLP), Cumming, for appellant.
    for defendant: Parks Huff, (Sams, Larkin & Huff & Balli, LLP), Marietta, Stephen Rothman, Kyler Wise, (Wilson Brock & Irby, LLC), Atlanta, Eldon Basham, (Moore, Ingram, Johnson & Steele), Marietta, Stephen Levinson, (Stephen M. Levinson, P.C.), Woodstock, for appellee.
    Case Number: A20A1511

    Annexation of Land in Previously Unincorporated Cherokee County, at the Request of the Land's Owners, Meets All Relevant Criteria Under OCGA §36-36-20 (a)

  • Kemp et al. v. Gonzalez et al.

    Publication Date: 2020-11-13
    Practice Area: Election and Political Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Elizabeth T. Young, Russell David Willard, Andrew Alan Pinson, Christopher M. Carr, Miles Christian Skedsvold, Bryan Keith Webb, (Department of Law), Atlanta, for appellant.
    for defendant: Bruce Perrin Brown, (Bruce P. Brown Law LLC), Atlanta, for appellee.
    Case Number: S21Q0068

    OCGA §45-5-3.2, Which Authorizes a D.A. to Serve Beyond Remainder of Prior D.A.'s Unexpired Term Without an Election, Conflicts With the Georgia Constitution and May Not Be Enforced

  • Chatham County Board of Assessors v. Jay Lalaji, Inc., Airport Hotels

    Publication Date: 2020-11-10
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Abda Quillian, (Attorney at Law), Savannah, for appellant.
    for defendant: Mathew McCoy, (McCorkle & Johnson, LLP), Savannah, for appellee.
    Case Number: A20A0867

    Court affirms summary judgment in favor of leaseholder, agreeing that a lease granted a nontaxable usufruct and not a taxable estate for years