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  • Farmer v. Farmer

    Publication Date: 2024-04-25
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant.
    for defendant: Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee.
    Case Number: A23A1302

    Court reverses summary judgment order and rules that an oral promise to convey a life estate in real estate may be enforceable under specific circumstances

  • Brownphil, LLC v. Cudjoe et al.

    Publication Date: 2024-04-23
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Kim Stroup, James Banter, (James Bates Brannan Groover, LLP), Macon, for appellant.
    for defendant: Michael Mayo, (Mayo Hill), Macon, for appellee.
    Case Number: A23A1762

    Court affirms prescriptive ownership in a property dispute, finding that property claimants had possessed disputed property under a claim that was public, continuous, exclusive, and uninterrupted

  • College Park Business and Industrial Development Authority v. College Park Mob, LLC

    Publication Date: 2024-04-19
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: P. Freed, Brian Goldberg, (Freeman, Mathis & Gary, LLP.), Atlanta, for appellant.
    for defendant: Simon Bloom, Shannan Oliver, Benjamin Dell'orto, (Bloom Parham LLP), Atlanta, for appellee.
    Case Number: A23A1332

    Court reverses grant of specific performance in real estate dispute due to trial court's lack of consideration of property value, but affirms summary judgment denying seller's breach of contract claims

  • Marquita Jordan v. H. J. Russell & Company et al.

    Publication Date: 2024-04-12
    Practice Area: Landlord Tenant Law | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Andrew Rogers, William D’Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, Andrew Lynch, (Attorney at Law), Decatur, for appellant.
    for defendant: Laurie Daniel, Atlanta, Skyler McDonald, (Webb Daniel Friedlander LLP), Tampa, for appellee; Jackson Dial, Shanndor McClain, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Grant Schnell, (Holland & Knight LLP), Atlanta, for other party.
    Case Number: A23A1387

    Court rules in favor of apartment owners in fatal shooting case, applying landlord-tenant statute because shooting occurred inside an apartment over which defendants had relinquished possession

  • CLS Entertainment, Inc. v. Kenkam, LLC

    Publication Date: 2024-04-08
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Kenneth Newby, Nicholas Bacon, (Newby Law Group, LLC), Atlanta, for appellant.
    for defendant: Kimberly Ellison, Wayne Kendall, (Wayne B Kendall PC), Fayetteville, John Strauss, (John J. Strauss PC), Kennesaw, Robert Dukes, (Dukes Williams, LLC), Atlanta, for appellee.
    Case Number: A23A1546

    Court reverses post-settlement trial court orders that were contrary to the terms of the settlement in a dispute over a dispossession action relating to a commercial lease and property purchase

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Latium USA Trading, LLC v. Smith

    Publication Date: 2024-04-05
    Practice Area: Contracts | Damages
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Van Horn, Jeremy Kahn, (Berman Fink Van Horn P.C.), Atlanta, for appellant.
    for defendant: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellee; Richard Wayne, Matthew Tokajer, (Richard C. Wayne & Associates, P. C.), Atlanta, for other party.
    Case Number: A23A1262

    Court reverses part of a default judgment due to improper calculation of loss of use damages in a case involving faulty window installation, but affirms all other aspects of the judgment

  • Edwards et al. v. Dixon et al.

    Publication Date: 2024-04-04
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: M. Pippenger, (Puryear Law Group PLLC), Chattanooga, for appellant.
    for defendant: Archibald Farrar, Catherine Jackson, (Farrar & Corbin PC), Summerville, for appellee.
    Case Number: A23A1586

    Court reverses summary judgment order that favored sellers in a dispute over a real estate purchase option agreement, finding that there was valid and adequate consideration for the agreement

  • Bell et al. v. Cross

    Publication Date: 2024-03-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Samuel Alderman, (Attorney At Law), Macon, for appellant.
    for defendant: Dana Davis, (Tucker Davis Law LLC), East Point, for appellee.
    Case Number: A23A1772

    Court reverses summary judgment order for specific performance in lease-option dispute and remands for further proceedings, citing ambiguities and potential waiver of variances in acceptance

  • Naik v. Hyde Park Homes, Inc.

    Publication Date: 2024-03-28
    Practice Area: Contracts
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Udai Singh, (Attorney At Law), Duluth, for appellant.
    for defendant: James Morton, (Attorney At Law), Atlanta, for appellee.
    Case Number: A23A1206

    Court affirms summary judgment for a home builder in a dispute over the builder's retention of a nonrefundable deposit in a property assignment agreement

  • Williams v. Kasulka Properties, LP et al.

    Publication Date: 2024-03-25
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Dozier, Ashley Cameron, Lindsay Simmons, (Dozier Law Firm), Macon, for appellant.
    for defendant: R. Anderson, (Attorney at Law), Macon, Callie Bryan, (Jones Cork & Miller, LLP), Macon, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Kevin Wangerin, (Bullard, Wangerin, & Corbett, LLP), Macon, Cody McCollum, (Vernis & Bowling of Atlanta LLC), Atlanta, for appellee; Matthew Del Campo, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, for other party.
    Case Number: A23A1528

    Court affirms summary judgment for a landlord and property managers in premises liability case, finding that the landlord under OCGA § 44-7-14 and that the managers also owed no legal duty