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Publication Date: 2012-03-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: John D. Dalbey, John K. Larkins Jr. Chilivis, Cochran, Larkins & Bever LLP, Eugenia W. Iredale and Steven M. Kushner Fellows LaBriola LLP, Atlanta, for appellant.
for defendant: . Jennifer B. Moore, Mark G. Trigg and Lee B. Hart Greenberg Traurig LLP, Atlanta, for appellee.
Case Number: S11G1728; S11G1729
Although the guaranties at issue did not individually and specifically identify the debt guaranteed, the plain meaning of their language showed that the obligations had no temporal limitation and ap
Publication Date: 2012-03-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackwell, Keith R.
Attorneys: For plaintiff: Andrew R. Diamond, Atlanta, for appellant.
for defendant: Kevin L. Ward, Jill D. Prussack, Joseph L. Kelly Schulten Ward & Turner, and Michael A. Dunn James Bates LLC, Atlanta, for appellees.
Case Number: A11A2016
The defendant was not entitled to attorneys' fees under O.C.G.A. § 9-15-14 a because the plaintiff's unsuccessful argument in a prior appeal as to an issue of first impression was not nonsensical, i
Publication Date: 2012-03-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Jimmy L. Paul and Drew V. Greene Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
for defendant: Peter R. Olson Olson Law LLC, Cartersville, Edward D. Tolley Cook, Noell, Tolley & Bates LLP, Athens, William T. Craig and James B. Griffin, Covington, for appellee.
Case Number: S12A0114
Although the establishment of a copy of a zoning ordinance made it an evidentiary substitute for t ginal, it remained subject to any validity or enforcement issues that could be raised against
Publication Date: 2012-03-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Henry D. Fellows Jr. and Kevin P. Weimer Fellows LaBriola LLP, Atlanta, for appellant.
for defendant: Stacey A. Carroll Dow Lohnes PLLC, Stephen W. Mooney, William C. Buhay and Henry C. DeBardeleben IV Weinberg Wheeler Hudgins Gunn & Dial LLC, Atlanta, for appellee.
Case Number: A11A2248
The defendant undertook to guarantee only the performance of the lease obligations of the original tenant named its guaranty agreement, so it was not liable as the guarantor of the lease obligations
Publication Date: 2012-03-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff:
for defendant:
Case Number: A11A2020, A11A2021
The trial court erred in denying the bank's motion for summary judgment in its suit to collect amounts due on a promissory note, as the bank established a prima facie right to judgment as a matter o
Law Journal Press | Digital Book
Authors: Robert Bloink, Esq., LL.M., William H. Byrnes, Esq., LL.M., CWM®
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Publication Date: 2012-03-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: Mark D. Lefkow Nall & Miller, Atlanta, for appellant.
for defendant: Theron D. Warren III Sellers & Warren, Woodstock, and Charles L. Day, Marietta, for appellee.
Case Number: A11A2314
The probate court erred in allowing objections to the widow's petition for year's support based solely on adverse title and denying the petition when the widow failed to meet the resulting burden of
Publication Date: 2012-03-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Robert S. Lane and Suzanne E. Henrickson Henrickson & Sereebutra LLC, Dallas, for appellant.
for defendant: Hylton B. Dupree Jr. and Blake R. Carl Dupree & Kimbrough LLP, Marietta, for appellee.
Case Number: S11F1975
The trial court erred in failing to make the required written findings to support its deviation from the presumptive amount of child support for extraordinary educational exp
Publication Date: 2012-03-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Monica K. Gilroy, Tania T. Trumble Dickenson Gilroy LLC, Alpharetta, John D. Andrle McCurdy & Candler, Decatur, Jeffrey H. Schneider Weissman, Nowack, Curry & Wilco PC and Mark A. Kelley Kitchens, Kelley & Gaynes PC, Atlanta, for appellant.
for defendant: . David R. Trippe, Sautee Nacooche, and John R. Neville Neville & Cunat LLP, Cumming, for appellees.
Case Number: S11A1468
The trial court properly rejected the defendants' claim of bona fide purchaser status, as the designation of guardian in the chain of title put the defendants on notice of the need to confirm the m
Publication Date: 2012-03-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Francis X. Moore and Lindsey L. Walker Frank X. Moore & Assocs., Atlanta, for appellant.
for defendant: Adam C. Caskey and John C. Clark Clark Caskey Inc., Atlanta, for appellee.
Case Number: S11A1705
The trial court erred by giving res judicata effect to the quiet title judgment and granting summary judgment to the real estate developer in spite of the affidavit evidence that the occupant was no
Publication Date: 2012-02-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: Jerry L. Sims Sims Moss Kline & Davis LLP, Atlanta, for appellant.
for defendant: John G. Despriet, James Connelly, and Mark A. Rogers Womble Carlyle Sandridge & Rice PLLC, Atlanta, for appellees.
Case Number: A11A1553
The trial court erred in concluding that the plaintiff could not have justifiably relied on alleged oral misrepresentations regarding the company's revenue forecast and the future sale of a div
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