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Publication Date: 2014-12-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Gregory Ellington, William Hardegree, and David Mize Hatcher, Stubbs, Land, Hollis & Rothschild LLP, Columbus, for appellant.
for defendant: Darren Gaynor and Peter Busscher Parker, Hudson, Rainer & Dobbs LLP, Atlanta, for appellee.
Case Number: A14A1325
After seven years, title to real property conveyed by a security deed reverted to the grantor of title, since the plaintiff had not cancelled or foreclosed upon the security deed; because the plaint
Publication Date: 2014-12-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Christopher Giovinazzo, H. Lamar Mixson Bondurant, Mixson & Elmore LLP, Atlanta, and Charles Dalziel Brock, Clay, Calhoun & Rogers LLC, Marietta, for appellant.
for defendant: . Merritt McAlister, Zachary McEntyre, Dwight Davis, Meghan Magruder King & Spalding LLP, Atlanta, and Hylton Dupree Dupree & Kimbrough LLP, Marietta, for appellee.
Case Number: A14A0926
The trial court erred in ruling that all signatories to the administrative services agreement must pay liquidated damages to the company that provided the administrative services after they prematur
Publication Date: 2014-12-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff:
for defendant:
Case Number: A14A1015; A14A1016; A14A1017
The Court partially reversed the trial court's findings in consolidated appeals arising out of the plaintiff's lawsuit against attorneys based on their representation of a trust, of which the plaint
Publication Date: 2014-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Katherine McArthur and Caleb Walker The Law Firm of Kathy McArthur, Macon, for appellant.
for defendant: . Henry Green and Daniel Moriarty Green & Sapp LLP, Atlanta, for appellee.
Case Number: A14A1006
The personal injury plaintiffs could not recover as a third-party beneficiary of the defendant independent contractor's agreement with a shopping center owner based on the independent contractor's
Publication Date: 2014-12-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Angelo Merolla Merolla & Gold LLP, Atlanta, for appellant.
for defendant: . Bryan Busch, Laura Mirmelli, Vanessa Suh Busch Slipakoff & Schuh LLP, and Tawana Johnson Unbounded Solutions Inc., Atlanta, for appellee.
Case Number: A14A1403
The plaintiff bank failed to meet its burden of showing that no genuine issue of material fact existed regarding whether it was the current holder of the promissory notes and guaranty under which it
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Authors: Joyce A. Lagnese, Calum B. Anderson, Frank H. Santoro
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Publication Date: 2014-12-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Eric Chofnas, Alpharetta, for appellant.
for defendant: . Jason Wright Morris, Manning & Martin LLP, Atlanta, for appellee.
Case Number: A14A1093
The trial court was permitted to order a resale of property after the unsuccessful confirmation of a foreclosure sale pursuant to O.C.G.A. § 44-14-
Publication Date: 2014-12-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Christopher McClurg, Lawrenceville, for appellant.
for defendant: Amanda Wilson Burr & Forman LLP, Atlanta, for appellee.
Case Number: A14A1218
The plaintiff could prove no set of facts that would entitle him to relief in support of his suit against a bank for wrongful foreclosure, fraud and unjust enrichment involving a house the plaintiff
Publication Date: 2014-12-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: Warren Coppedge and Daniel Laird Coppedge & Evans PC, Dalton, for appellant.
for defendant: Frank Jenkins and Robert Walker Jenkins & Bowen PC, Cartersville, for appellee.
Case Number: A14A0815
The defendant was entitled to civil immunity under the Equine Activities Act, since the plaintiff was unable to prove that the defendant provided faulty equipment or that the defendant willfully dis
Publication Date: 2014-11-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Perry Phillips, Marietta, for appellant.
for defendant: Richard Carothers, Angela Couch, and Thomas Mitchell Carothers & Mitchell LLC, Buford, for appellees.
Case Number: A14A1268
The defendants were not entitled to pursue a counterclaim for the return of earnest money paid pursuant to a lease/purchase agreement, as the agreement contained an enforceable provision under which
Publication Date: 2014-11-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: Michael Ludwiczak, Senior Assistant County Attorney, and Michael Stephens Gwinnett Cnty. Dep't of Law, Lawrenceville, for appellant.
for defendant: Michael Bowers, Malissa Kaufold-Wiggins Balch & Bingham LLP, Atlanta, and Anthony Powell Webb, Tanner, Powell, Mertz & Wilson LLP, Lawrenceville, for appellee.
Case Number: A14A1173
Prejudgment interest on the purchase price of certain real property began to run on the date by which the closing should have occ
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