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  • McLeod v. Clements

    Publication Date: 2014-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1893

    There was no evidence that the appellee had any actual or constructive knowledge of a 1971 water agreement permitting the owner of the neighboring property to retrieve water from his well at no cost

  • In the Matter of Denise L. Majette

    Publication Date: 2014-04-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S13Y1860

    A divided Supreme Court disbarred an attorney for multiple violations of the Rules of Professional Conduct, including submitting materially misleading time sheets and invoices to her client, misrepr

  • Straus v. Renasant Bank

    Publication Date: 2014-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Steven Strelzik and Mary Trachian-Bradley Law Offices of Steven J. Strelzik PC, Atlanta, for appellant.
    for defendant: . Susan Howick Howick, Westfall, McBryan & Kaplan LLP, Alexandria Reyes, and Michael Johnson Troutman Sanders LLP, Atlanta, for appellees. Other party representation: George Nason Lamberth, Bonapfel, Cifelli, Atlanta, Douglas Flint Flint & Connolly, Canton, and John Pennington, Helen.
    Case Number: A13A2472

    The appellants failed to prove their fraud claims against the appellee relating to their guaranties, since the appellants could not demonstrate justifiable reliance as they had capacity and opportu

  • SPH Glynn LLC v. Glynn Cnty. Bd. of Tax Assessors

    Publication Date: 2014-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1752; A13A1753

    The property owner was entitled to recover attorneys' fees and costs under O.C.G.A. § 48-5-311 subsection g 4 B ii, as the final property valuation in its tax appeal was $2.6M, in comparison to the

  • Finch v. State

    Publication Date: 2014-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Matthew Hube Hube & Tucker PC, Statesboro, for appellant.
    for defendant: Richard Mallard, District Attorney, and Joseph Black, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A13A1922

    The fact that no one at the real estate closing law firm swore in the defendant by raising his hand and taking an oath and the fact that the notary did not personally witness his signature did not m

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    Authors: Texas Lawyer

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  • Harper v. Ameris Bank

    Publication Date: 2014-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Simon Bloom, Ariel Zion, and Stephanie Everett The Bloom Sugarman Everett LLP, Atlanta, for appellant.
    for defendant: Kimberly Harris and Quentin Marlin Ellis Painter Ratteree & Adams, Savannah, for appellee.
    Case Number: A13A1694

    A party seeking to confirm a nonjudicial foreclosure sale is under no obligation to present an expert appraisal of the pro

  • CML-GA Smyrna LLC v. Atlanta Real Estate Invs. LLC

    Publication Date: 2014-03-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Anthony O. L. Powell Webb Tanner Powell Mertz & Wilson LLP, Lawrenceville, for appellant.
    for defendant: Michael A. Dunn James Bates Brannan Grover LLP, Atlanta, for appellees. Other party representation: Kevin L. Ward, James J. Z. Zimmerman Schulten Ward & Turner LLP, Atlanta, and Arun Mehta, Duluth.
    Case Number: S13A1475

    Confirmation of a proposed receiver's sale of property can, and sometimes must, occur before the sale is exe

  • Tisdale v. City of Cumming

    Publication Date: 2014-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge:
    Attorneys: For plaintiff: Gerald Weber, Atlanta, for appellant.
    for defendant: Lauren Giles, Dana Miles, and Kevin Tallant Miles Patterson Hansford Tallant LLC, Cumming, for appellee.
    Case Number: A13A2226

    The plaintiff's claims under Georgia's Open and Public Meetings Act were time-b

  • State v. Newton

    Publication Date: 2014-03-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James D. McDade, District Attorney, Emily K. Richardson, and James A. Dooley, Assistant District Attorneys, Douglasville, for appellant.
    for defendant: Jason W. Swindle Sr. Swindle Law Group PC, Carrollton, for appellee.
    Case Number: S13G0668

    A person enters a home without authority pursuant to the burglary statute, O.C.G.A. § 16-7-1, when he enters with the owner's consent if that consent was obtained by fraud, deceit or false pre

  • Newton Timber Co. LLLP v. Monroe Cnty. Bd. of Tax Assessors

    Publication Date: 2014-03-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: G. Roger Land and Mitchell S. Graham G. Roger Land & Associates, Atlanta, for appellant.
    for defendant: . Michael A. Dillon and Benjamin A. Vaughn Dillon & Vaughn PC, Forsyth, for appellees.
    Case Number: S13A1566

    Except in situations of sworn indigence, the clerk of the superior court is not to file a civil case or proceeding until the required fee is paid, and it was undisputed that the petitioners here ten