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  • First Chatham Bank v. Liberty Capital LLC

    Publication Date: 2014-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Todd Baiad and Andrew Dekle Bouhan Falligant LLP, Savannah, for appellant.
    for defendant: James Fletcher Merritt & Fletcher, Smyrna, William Glass Weiner, Shearouse, Weitz, Greenberg & Shaw, Savannah, and James Smith Ratcliffe & Smith PC, Hinesville, for appellees.
    Case Number: A13A1749

    A genuine issue of material fact remained as to whether the loan purchase agreement at issue, which related to the development of certain residential lots located on Hampton Island in Liberty County

  • Pack v. Mahan

    Publication Date: 2014-02-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Bruce W. Phillips, Marietta, for appellant.
    for defendant: David E. Barrett, Cleveland, for appellee.
    Case Number: S13A1338

    The trial court erred in nominally awarding an equitable partition when the legal remedy of statutory partitioning was adequate and no peculiar circumstances would render an equitable proceeding mor

  • Powder Springs Holdings LLC v. RL BB ACQ II-GA PSH LLC

    Publication Date: 2014-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge:
    Attorneys: For plaintiff: Robert Proctor, Atlanta, for appellant.
    for defendant: . Michael Sullivan, Arthur Ebbs, and George Long Womble Carlyle Sandridge & Rice LLP, Atlanta, for appellee.
    Case Number: A13A2471

    The trial court properly denied the defendant's motion to dismiss the confirmation petition because the defendant failed to show that the plaintiff foreign limited liability company was required to

  • Stephen A. Wheat Trust, Dated September 14, 2009 v. Sparks

    Publication Date: 2014-02-12
    Practice Area:
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    Court: Court of Appeals
    Judge:
    Attorneys: For plaintiff: Matthew Thiry and Ron Quigley Davis, Matthews & Quigley PC, Atlanta, for appellant.
    for defendant: . Raymond Williams Williams Teusink LLC, Decatur, for appellees.
    Case Number: A13A2081

    Genuine issues of material fact remained with respect to the plain allegations of fraudulent concealment by the defendants when they sold a house to the plain

  • In the Matter of Hendrickx H. Toussaint

    Publication Date: 2014-01-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S14Y0112

    The Supreme Court accepted an attorney's petition for voluntary surrender of his license to practice law after he failed to keep complete records of transactions involving fiduciary funds, resulting

  • Law Journal Press | Digital Book

    Leveraged Buyouts

    Authors: Joseph W. Bartlett, Peter L. Korn, Jr., David J. Mittelstadt, Cathy L. Reese, Michael A. Rueda

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  • Doss & Assocs. v. First Am. Title Ins. Co. Inc.

    Publication Date: 2013-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0988; A13A0989; A13A0990

    The defendant was not entitled to summary judgment on the plaintiff's claim for breach of an alleged oral escrow agreement in connection with the closing of a $4.75M loan, as genuine issues of fact

  • In Re Estate of Ruth S. Hubert

    Publication Date: 2013-12-19
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1484; A13A1485; A13A1486; A13A2131

    The probate court improperly modified the terms of the parties' mediated settlement agreement by deciding the final issue of equalizing the decedent's estate rather than merely resolving disputed or

  • In Re: The Estate of Maria L. Coutermarsh

    Publication Date: 2013-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Beverly Adams, Tucker, for appellant.
    for defendant: Chad Henderson and Andrew Mullen Henderson Legal LLC, Atlanta, for appellee.
    Case Number: A13A2110

    The petitioner was authorized to be represented solely by counsel rather than attend in person the hearing on her petition to remove the executrix of the decedent's estate for a conflict of int

  • Kenerly v. State

    Publication Date: 2013-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Trinity Hundredmark and Patrick McDonough Andersen Tate & Carr PC, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Tracie Cason, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A13A1370

    The trial court did not lose jurisdiction to accept the return of a second indictment while the appeal of the first indictment was pe

  • DJ Mortg. LLC v. Synovus Bank

    Publication Date: 2013-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: H. Lamar Mixson, Fredric Bold, Jill Pryor, and Bret Hobson Bondurant, Mixson & Elmore, Atlanta, for appellant.
    for defendant: . Richard Herzog, S. Wade Malone, and Jeffrey Mapen Nelson Mullins Riley & Scarborough, Atlanta, for appellee. Other party representation: David Dick and Elizabeth Dick, Atlanta.
    Case Number: A13A1046

    The bank was not entitled to summary judgment on all of the mortgage company's breach of contract claims, since the ambiguity in the security interest documents could not be resolved as matter o