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Publication Date: 2016-04-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: McMillian, Carla W.
Attorneys: For plaintiff: Gregory Blazer and John Robinson Robinson Blazer LLP, Decatur, for appellant.
for defendant: Laura Johnson, Chief Assistant County Attorney, John Jones, Assistant County Attorney, and Bennett Bryan DeKalb County Law Department, Decatur, for appellees.
Case Number: A15A1747
Sovereign immunity barred the plaintiff's claims against a tax commissioner and the county arising out of a tax sale of the plaintiff's property, and the plaintiff did not meet its burden of proof t
Publication Date: 2016-03-16
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Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Roy E. Hadley Jr., James C. Fox II, John L. Watkins, and Garrett A. Nail Thompson Hine LLP, Atlanta, for appellant.
for defendant: Derin B. Dickerson, Bernard Taylor, and Jenny A. Mendelsohn Alston Bird LLP, Atlanta, for appellee.
Case Number: S15A1684
A deed transferring property from a university to a college for charitable purposes did so in the form of a fee simple determinable estate, and the university therefore had a valid reversionary inte
Publication Date: 2016-03-15
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Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Jon B. McPhail, Alpharetta, for appellant.
for defendant: . David M. Pernini, Dustin S. Sharpes Wargo French LLP, Dallas R. Ivey, and Kimberly A. R. Weber Aldridge Pite LLP, Atlanta, for appellees. Amicus Appellees: Peter L. Lublin and Bret J. Chaness Rubin Lublin LLC, Peachtree Corners.
Case Number: S15G1007
The debtors lacked standing to challenge the validity of the assignment of the security deed to their residential property, which they executed in favor of the defendant's predecessor in int
Publication Date: 2016-03-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Grady Roberts Roberts Law LLC, Atlanta, for appellant.
for defendant: Howell Hall, Brian Klein Pendergast Associates PC, Erin Howell, and Louis Fiorilla Burr Forman LLP, Atlanta, for appellees.
Case Number: A16A0062
The appeal from the grant of summary judgment to a bank and a law firm on the plaintiff's claim for wrongful foreclosure was frivolous, and the Court imposed sanctions against the plaintiff's co
Publication Date: 2016-03-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Jeremy Littlefield and Craig Kunkes Robbins Ross Alloy Belinfante Littlefield LLC, Atlanta, for appellant.
for defendant: William Joiner Mitchell Shapiro LLP, Atlanta, for appellee.
Case Number: A15A1987
The trial court erred in finding that, although the defendant breached his contractual and fiduciary duties to the plaintiff, the plaintiff failed to prove it actually suffered da
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Authors: Rodney A. Malpert, Amanda Thompson, Marketa Lindt
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Publication Date: 2016-02-26
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: John A. B. Ayoub and Carolina D. Bryant Ayoub Mansour LLC, Atlanta, for appellant.
for defendant: Amicus Appellant: Robert J. Proctor, Atlanta. Samuel S. Olens, Attorney General, Julie A. Jacobs, Assistant Attorney General, Brittany H. Bolton Attorney General's Office, Atlanta, Chris Burns CBIRA LLC, Ken Martasin Pine Crossing Office Park Condo. Ass'n Inc., and Patricia West Westward Assocs. Inc., Cumming, for appellees.
Case Number: S15A1638
Sovereign immunity bars conventional actions for quiet where the State of Georgia asserts an interest in the property at issue, but sovereign immunity does not bar in rem actions for quiet
Publication Date: 2016-01-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: Christopher Anulewicz, James Hollis, Jamie Cohen, Walter Jones, and Matthew Ames Balch Bingham LLP, Atlanta, for Hamilton State Bank. Andrew Lavoie and David Flint Schreeder, Wheeler Flint LLP, Atlanta, for Kelly Capital Investments.
for defendant:
Case Number: A15A1234; A15A1293
The trial court erred in concluding that the underlying forbearance agreement could be reformed under the doctrine of mutual mistake, because a question of material fact remained as to whether the p
Publication Date: 2015-12-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: James Teague and Keisha M. Chambless Teague Chambless LLP, Cumming, for appellant.
for defendant: . William Dinges, Jason Schwartz Temple, Strickland, Dinges Schwartz, Atlanta, Elina Brim, and John Lueder Lueder, Larkin Hunter LLC, Alpharetta, for appellee. Other party representation: Paul Frickey and Kenneth Jarrard Jarrard Davis LLP, Cumming.
Case Number: A15A1167
The trial court erred in granting summary judgment to the defendant homeowners association on the plaintiffs' claim for breach of legal duty based on a voluntary undertaking, as a genuine issue of m
Publication Date: 2015-12-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Edward Dovin Dovin Malkin Ficken LLC, Atlanta, for appellant.
for defendant: Ned Blumenthal and Ashoo Sharma Weissman, Nowack, Curry Wilco PC, Atlanta, for appellee.
Case Number: A15A0862
The plaintiff failed to show that the real estate agent's conduct was racially motivated in his action for violations of the Georgia Fair Housing Act, breach of professional duty under the Brokerage
Publication Date: 2015-12-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Daniel Greenfield Jack F. Witcher, Breman, for appellant.
for defendant: . Jeffrey Duncan, Tallapoosa, for appellees.
Case Number: A15A0769
The trial court did not err in denying the appellants' motion for new trial after a jury awarded the appellees $90,000 in their trespass and nuisance action, in which they alleged that erosion from
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