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  • Moore et al. v. Jackson

    Publication Date: 2017-11-27
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A16A1900

    The trial court properly affirmed a jury's verdict in favor of petitioner in his action to quiet title to certain property and properly denied defendants' motion for new trial because there was some evidence upon which the jury could rely in forming their verdict and any error in the trial court's initial decision to exclude certain evidence was harmless since the court eventually allowed admission of that evidence.

  • Smith v. Found et al.

    Publication Date: 2017-11-22
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Agriculture
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: John Smith (Young Thagard Hoffman, Smith & Lawrence), Valdosta; William Purvis (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, for appellant.
    for defendant: James King (Hudson King), Tifton; Joseph Hudson (Sims, Fleming, Hudson & Crosby), Tifton, for appellee.
    Case Number: A17A1312

    Defendant was entitled to summary judgment in plaintiff's negligence action arising after her husband, a farm employee, died when he was pinned under a tractor tire while trying to remove it by himself, because the employee assumed the risk of injury as a matter of law and had equal or greater knowledge of the hazardous condition.

  • Federal National Mortgage Association v. Harris

    Publication Date: 2017-11-17
    Practice Area: Evidence | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kimberly Rizzotti Weber, Allison Giardina (Aldridge Pite, LLP), Atlanta, for appellant.
    for defendant: Ricky Harris, Savannah, for appellee.
    Case Number: A17A0694

    In a dispute over possession of certain real property, the trial court abused its discretion when it failed to consider whether certain documents were admissible under O.C.G.A. 24-9-901, which sets out the standards for the authentication and admission of unsealed or uncertified documents.

  • Summit At Scarborough Homeowners Association, Inc. v. Williams

    Publication Date: 2017-11-16
    Practice Area: Contracts | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Catherine Gibson McCauley (The Gibson Law Firm, LLC), Atlanta, for appellant.
    for defendant: Ltanya Williams, Ellenwood, for appellee.
    Case Number: A17A1289

    The trial court erred in denying homeowners association's motion for court costs and attorney fees after it obtained a judgment against a homeowner for unpaid annual assessments, because a provision of the Declaration of Covenants, Conditions, Restrictions and Easements for the subdivision stated that the association was entitled to such costs and fees and the homeowner cited no statute that prohibited such recovery.

  • McDonald v. Silver Hill Homes, LLC

    Publication Date: 2017-11-15
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Raymond Williams, Christopher Collier (Williams Teusink, LLC), Decatur, for appellant.
    for defendant: Jeffrey Schneider (Weissman, PC.), Atlanta, for appellee.
    Case Number: A17A0648

    The trial court erred in granting summary judgment to defendant on plaintiff's claims for punitive damages and attorney fees in a boundary line dispute because genuine issues of material fact remained.

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    New Jersey Federal Civil Procedure 2024

    Authors: Elizabeth J. Sher, Kerri E. Chewning

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  • Interfinancial Midtown, Inc. et al. v. Choate Construction Company

    Publication Date: 2017-11-14
    Practice Area: Bankruptcy | Contracts
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Andrew Lavoie (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellant.
    for defendant: Kevin Hudson, Zachary Hall (Hudson Parrott Walker, LLC), Atlanta; Michael Baumrind, Frank Lowrey (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee.
    Case Number: A17A1160

    In a case of first impression, the Court held that Georgia law allowing the recovery of general and punitive damages for fraudulent conveyances survived the enactment of Georgias Uniform Fraudulent Transfers Act.

  • Demere Marsh Associates, LLC et al. v. Boatright Roofing and General Contracting, Inc. et al.

    Publication Date: 2017-11-14
    Practice Area: Contracts
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Todd Brooks (Catts & Brooks), Brunswick; James Cook (Goodman McGuffey LLP), Atlanta, Myles Levelle, Brian Moore, Jeffrey Ward (Drew Eckl & Farnham LLP), Atlanta; Kim Jackson, David Harris (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant.
    for defendant: Neal Conner (Conner and Jackson, P.C.), Waycross; Jennifer Noland (Smith Moore Leatherwood LLP), Atlanta; Erin Conner (Conner & Jackson, PC.), Waycross; C. Strickland, Robert Wedge (Attorney at Law), Waycross, for appellee. Matthew Eutzler (Moore Clarke Duvall & Rodgers), Valdosta; Charles Willcox (Moore Clarke Duvall & Rodgers), Albany; Gregory Carter (Brown, Readdick, Bumgartner, Carter, Strickland), Brunswick; Brian Crevasse (St. Johns Law Group), St. Augustine; Mark Pionessa, Henry Bachara (Bachara Construction Law Group, P. A.), Jacksonville; CK Construction, Brunswick; R. Patrick, Walter Adams (Attorney at Law), Brunswick, for other party.
    Case Number: A17A1237

    The Court partially reversed the trial court's judgment in a suit alleging negligent construction, misrepresentation and breach of contract involving condominiums in St. Simons Island, Georgia.

  • Kammerer Real Estate Holdings, LLC v. Forsyth County Board of Commissioners et al.

    Publication Date: 2017-11-08
    Practice Area: Civil Procedure | Land Use and Planning | Real Estate
    Industry:
    Court: Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jennifer Spicer Ray, Jeremy Ethan Underwood, Joshua Adam Scoggins (Miles Hansford & Tallant, LLC), Cumming, for appellant.
    for defendant: Kenneth Edward Jarrard, Jeffrey J Costolnick (Jarrard & Davis, LLP), Cumming; Jesse A. Van Sant (The Gore Law Firm, LLC), Alpharetta; Larry Wayne Ramsey, Jr. (ACCG), Atlanta, for appellee.
    Case Number: S17A0924

    The trial court erred in dismissing some of plaintiff's claims against a county, a board of commissioners and the director of the county's Department of Planning and Community Development in connection with the director's refusal to issue a site development permit to plaintiff so that it could construct an automotive service facility on its lot.

  • Simmons v. Prince et al.

    Publication Date: 2017-11-03
    Practice Area: Business Torts | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ryburn Ratterree, Philip Thompson (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: Christopher Britt (Karsman, McKenzie & Hart), Savannah; Jamie Casino (Attorney at Law), Savannah, for appellee.
    Case Number: A17A0899

    The trial court erred in denying defendant's motion for summary judgment in plaintiff's suit to recover damages for injuries he suffered when he fell through the balusters of a railing that surrounded the front landing of a second-floor apartment because the large gaps between the railing balusters was a static defect of which the plaintiff had equal knowledge.

  • Women's Surgical Center, LLC et al. v. Berry et al.

    Publication Date: 2017-11-03
    Practice Area: Constitutional Law | Health Care Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Glenn A. Delk (Lightmas & Delk), Atlanta; James M Manley, Veronica Thorson (Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute), Phoenix, for appellant.
    for defendant: Isaac Byrd, Daniel Stephen Walsh, Forrest Geoffrey Pearce, Monica Anne Sullivan, Christopher M. Carr (Department of Law), Atlanta, for appellee. Anne Ware Lewis (Strickland Brockington Lewis LLP), Atlanta; Jeffrey W. McCoy (Pacific Legal Foundation), Sacramento, for amicus appellant. John Hinton Parker Jr., J. Marbury Rainer (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta; Yasha Heidari (Heidari Power Law Group, LLC), Atlanta, for amicus appellee.
    Case Number: S17A1317

    The trial court properly denied Department of Community Health's motion to dismiss hospital's action seeking declaratory and injunctive relief in an effort to have Georgia's applicable certificate of need law and the regulations authorizing it declared unconstitutional because hospital was not required to exhaust its administrative remedies before filing the action and the trial court also properly granted summary judgment to the Department on hospital's constitutional challenges to O.C.G.A. 31-6-40 subsection (a) (7) (C).