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  • Harris v. West Cent. Georgia Bank

    Publication Date: 2015-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Craig Long, McDonough, for appellant.
    for defendant: Alan Connell, Thomaston, for appellee.
    Case Number: A15A0819

    The deed to secure debt was invalid because the debt never existed, as no money was ever exchanged between the appellant and the debtor, and the trial court thus properly dismissed the appellant's c

  • Founders Kitchen Bath Inc. v. Alexander

    Publication Date: 2015-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Cory Close and Jeffrey Leeper Busch, Reed Jones PC, Marietta, for appellant.
    for defendant: Jeffrey Schneider Weissman, Nowack, Curry Wilco PC, Atlanta, for appellees.
    Case Number: A15A1262

    In a materialman's lien action, genuine issues of material fact remained as to whether the parties were in privity of contract and whether the 365-day time limit set forth in O.C.G.A. § 44-14-361.1

  • Carroll Management Group LLC v. A Carpet Paint LLC

    Publication Date: 2015-11-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Steven Pritchett and Simon Malko Morris, Manning Martin LLP, Atlanta, for appellant.
    for defendant: David Dolinsky, Harriet Isenberg, and Ryan Isenberg Isenberg Hewitt PC, Atlanta, for appellee.
    Case Number: A15A1298

    The property management company had a duty to disclose its agency relationship with the complex owner to the vendor performing work at the complex in order to avoid liability for the payment of invo

  • Patrick Malloy Communities LLC v. Community S. Bank

    Publication Date: 2015-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Charles Conerly and David Luzum Smith Conerly LLP, Carrollton, for appellant.
    for defendant: . Bryan Busch, Shane Stogner, Toqeer Chouhan, and Laura Mirmelli Busch Slipakoff Schuh LLP, Atlanta, for appellee.
    Case Number: A15A1383

    Although the plaintiff bank demonstrated that it was the real party in interest with authority to enforce the note and guaranty against the defendants, material discrepancies between the affidavit t

  • In the Matter of Douglas J. Mathis

    Publication Date: 2015-10-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Paula J. Frederick, General Counsel, and Jenny K. Mittelman State Bar of Georgia, Atlanta. Douglas J. Mathis, St. Simons Island. Anthony B. Askew, Chairperson Review Panel, Atlanta.
    for defendant:
    Case Number: S15Y1627; S15Y1628

    The Supreme Court disbarred an attorney who converted his clients' funds to his own use, failed to communicate with his clients and abandoned his law o

  • Law Journal Press | Digital Book

    Library of Georgia Family Law Forms, Fifth Edition

    Authors: Kessler & Solomiany LLC, Randall M. Kessler, Editor

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  • Bagwell v. Trammel

    Publication Date: 2015-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: George E. Butler II, Dahlonega, for appellant.
    for defendant: Christopher D. Elrod Elrod Elrod PC, Oakwood, and R. Thad McCormack, Gainesville, for appellees.
    Case Number: S15A0820

    The trial court did not abuse its broad discretion in granting the plaintiff's claims for an equitable partit real property jointly owned by the parties and an equitable accounting and dissolu

  • Robertson v. Robertson

    Publication Date: 2015-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Albert Palmour and Melissa Hise Palmour Law Firm, Summerville, for appellant.
    for defendant: . Larry Hill, LaFayette, for appellee.
    Case Number: A15A0892

    The trial court erred in denying the plaintiff ex-wife's claim seeking enforcement of an implied trust against the defendant ex-husband, as a reasonable jury could find that allowing the defendant t

  • 2010-1 SFG Venture LLC v. Lee Bank Trust Co.

    Publication Date: 2015-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Robert Alpert, Jeffrey Douglass, and Ryan Burke Morris, Manning Martin LLP, Atlanta, for appellant.
    for defendant: . William Shaughnessy and Aaron Kappler Thompson, O'Brien, Kemp Nasuti PC, Norcross, for appellee.
    Case Number: A15A0271

    Pursuant to a granted application for an interlocutory appeal, 2010-1 SFG Venture LLC and Milwaukee Hotel Owner LLC collectively Venture contend that the Superior Co

  • On Line Inc. v. Wrightsboro Walk LLC

    Publication Date: 2015-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: David Johnson and Tawny Mack McCorkle Johnson LLP, Savannah, for appellant.
    for defendant: David Hudson Hull Barrett PC, Augusta, for appellee.
    Case Number: A15A0715

    This appeal arises from a contract dispute over the purchase of commercial real estate. After On Line, Inc. On Line, failed to complete the purchase of the pro

  • Oglethorpe Power Corp. v. The Estate of James Forrister

    Publication Date: 2015-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Natalie Beasman, Malissa Kaufold-Wiggins Balch Bingham LLP, Gregory Cole Autry, Horton Cole LLP, Atlanta, and Hugh McNatt McNatt Greene Peterson, Vidalia, for Oglethorpe Power Corp.. Jason Sanker McRae, Stegall, Peek, Harman, Smith Manning, Rome, and Michael McRae McRae, Stegall Peek, Cedartown, for The Estate of James Forrister Paradise Lost LLC. Amicus Curiae in Case Nos. A15A0374, A15A0375 A15A0522: Jonathan Wells Alston Bird LLP, Atlanta.
    for defendant:
    Case Number: A15A0374; A15A0375; A15A0376; A15A0377; A15A0522

    These cases, involving claims of nuisance against the owner and operator of the Sewell Creek Energy Facility by numerous surrounding landowners, appear before us for the second time. The relevant