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  • 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

  • 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

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  • 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

  • Head et al. v. Planet Home Lending, LLC et al.

    Publication Date: 2023-12-19
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Paul Kunst, (Paul C. Kunst PC), Barnesville, for appellant.
    for defendant: Bret Chaness, Patricia Whitehead, (Rubin Lublin LLC), Peachtree Corners, for appellee.
    Case Number: A23A1279

    Court affirms summary judgment in favor of lender in a mortgage reversion case, rejecting property owner's statute of limitations and laches claims

  • Davis v. The Estate of James Leslie McClain III

    Publication Date: 2023-12-19
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Brian Patterson, (The Law Office of Brian V. Patterson, LLC), Athens, for appellant.
    for defendant: Kevin Epps, Tyler Gaines, (Epps, Holloway, DeLoach & Hoipkemier LLC), Watkinsville, for appellee.
    Case Number: A23A1222

    Court affirms summary judgment in dispute over a will provision, finding that the will created a tenancy in common because it did not use the requisite language to create a joint tenancy

  • Lawson v. Weidman

    Publication Date: 2023-12-18
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Iasiah Jones, (Jones Legal Practice, LLC), Lawrenceville, for appellant.
    for defendant: Albert Myers, (Albert A. Myers III PC), Conyers, for appellee.
    Case Number: A23A1259

    Court dismisses part of appeal to a temporary injunction to the extent it related to property and affirms a trial court ruling that set aside a quitclaim deed to that property