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  • Pinnacle Props. V LLC v. Mainline Supply of Atlanta LLC

    Publication Date: 2012-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Jefferson Allen and Stephen Estep Cohen Cooper Estep & Allen LLC, Atlanta, for appellant.
    for defendant: . David Cook Autry Horton & Cole LLP, Adam Caskey Clark Caskey LLC, Atlanta, Mark Hanrahan Autry Horton & Cole LLP, Tucker, and Fred Bentley, Marietta, for appellee.
    Case Number: A12A0809

    The defendant had an estate for years in the premises at issue, so that a materialman's lien could attach to and be enforced against such interest, subject to the conditions of the

  • Ciuperca v. RES-GA Seven LLC

    Publication Date: 2012-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard Schrade, McDonough, for appellant.
    for defendant: Samuel Arden Hartman Simons Spielman & Wood LLP, Atlanta, for appellee.
    Case Number: A12A1659

    The trial court properly found good cause to believe that the property did not sell for its fair market value at the foreclosure

  • Lovell v. Georgia Trust Bank

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sherri Buda and Simon Bloom The Bloom Sugarman Everett LLP, Atlanta, for appellant.
    for defendant: Paul Durdaller and Amy Weber Taylor English Duma LLP, Atlanta, for appellee.
    Case Number: A12A1234

    The documents, which the defendant sought to compel in this suit to recover the principal and interest due on a promissory note, were inadmissible under the parol evidence rule, since the plaintiff

  • Old Republic Nat'l Title Ins. Co. v. Darryl J. Panella LLC

    Publication Date: 2012-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: William Brown and Jacqueline Marcucci Heyman & Sizemore LLC, Atlanta, for appellant.
    for defendant: Emory Palmer and Alexander Weatherby Carr & Palmer LLP, Atlanta, for appellees.
    Case Number: A12A1242

    The trial court erred in finding that the 6-year statute of limitation in OCGA § 9-3-24 barred the title insurance company's claims arising from numerous title insurance policies the defendants iss

  • EZ Green Assocs. LLC v. Georgia-Pacific Corp.

    Publication Date: 2012-11-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Andrew Stuart and Matthew Hood Stuart & Johnston LLC, Atlanta, for appellant.
    for defendant: Elizabeth Tanis, Joseph Rockers, and Merritt McAlister King & Spalding LLP, Atlanta, for appellees.
    Case Number: A12A0919

    The record showed conflicting evidence regarding whether Georgia-Pacific made commercially reasonable efforts to sell the plaintiff's proprietary system for applying grass

  • Kensington Place Owners Assoc. v. Thomas

    Publication Date: 2012-11-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lloyd Hedrick Hedrick Law LLC, Atlanta, for appellant.
    for defendant: . James Neuberger Neuberger Law LLC, Atlanta, for appellees.
    Case Number: A12A1385

    The 13-year-old decedent assumed the risk of his fatal injuries as a matter of law when he and his friends pushed over a dead tree located in their residential subdivision and the tree fell o

  • H.O.P.E. Through Divine Interventions Inc. v. Fulton Cnty. Bd. of Tax Assessors

    Publication Date: 2012-11-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jeffrey Baxter McKenna Long & Aldridge LLP, Atlanta, for appellant.
    for defendant: Valerie Ross and Meredith Germain Turner & Ross LLC, Marietta, for appellee.
    Case Number: A12A1100

    A charitable organization's real property did not qualify for tax exempt status as a purely public charity under OCGA § 48-5-41 a 4 while it was under construction, as the property was not yet being

  • RBC Real Estate Fin. Inc. v. Winmark Homes Inc.

    Publication Date: 2012-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Kwende Jones Burr & Forman LLP, Atlanta, for appellant.
    for defendant: Stephanie Everett, Simon Bloom, and Ariel Zion The Bloom Sugarman Everett LLP, Atlanta, for appellees.
    Case Number: A12A1098; A12A1099

    The trial court erred in holding that a foreclosure sale adverti was defective in listing seven rather than six townhouses for sale, and in declining to determine whether the inaccurate advert

  • Center for a Sustainable Coast Inc. v. Georgia Dep't of Natural Res.

    Publication Date: 2012-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: Donald Stack and Jennifer Culler Stack & Assocs. PC, Atlanta, for appellant.
    for defendant: . Samuel S. Olens, Attorney General, Isaac Byrd, Deputy Attorney General, James D. Coots, Senior Assistant Attorney General, and John E. Hennelly, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A12A1059

    The petitioner's claim for injunctive relief did not run afoul of sovereign immunity because appellate courts recognize an exception to sovereign immunity when a party seeks injunctive relief agains

  • Meadow Springs Recovery LLC v. Wofford; Wofford v. Meadow Springs Recovery LLC

    Publication Date: 2012-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1432; A12A1433

    The plaintiffs' claims against a law firm fell within the purview of the abusive litigation statute, under which the plaintiffs should have brought the claims, thus the exclusivity provisions of OCG