• Villanueva v. First Am. Title Ins. Co.

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Derick C. Villanueva, Atlanta, for appellants. Frederic S. Beloin and Charles W. Brown Beloin & Associates LLC, Atlanta, for appellee.
    for defendant:

    Case Number: A11A1344

    In a case of first impression, the Court held that a legal malpractice claim for financial loss, involving solely the right of property, is assig

  • Fundus America Atlanta Ltd. Partnership v. RHOC Consolidation LLC

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John C. Weitnauer, William C. Massey, Candace N. Smith, Meaghan G. Boyd Alston & Bird, Richard L. Robbins, Alexa R. Ross, and Jason Alloy RobbinsFreed, Atlanta, for appellant. Michael B. Terry, Timothy S. Rigsbee, and Ronan P. Doherty Bondurant, Mixson & Elmore, Atlanta, for appellees.
    for defendant:

    Case Number: A11A1496

    A lease assignment agreement incorporating an estoppel certificate and containing an integration clause foreclosed the landlord's breach of contract claims, as a party can agree to be estopped under

  • Federal Trust Bank v. C. W. Matthews Contracting Co. Inc.

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wendy W. Kraby and Dana B. Miles Miles Patterson Hansford Tallant LLC, Cumming, for appellants. G. Phillip Beggs and Christopher C. Mingledorff Moore Ingram Johnson & Steele LLP, Marietta, for appellee.
    for defendant:

    Case Number: A11A0897

    The statutory requirement that a claim of lien be filed within three months of the work's completion did not require that the filing take place within 90

  • In the Matter of Joseph A. Carragher Jr.

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Paula J. Frederick, General Counsel, and Rebecca A. Hall, Assistant General Counsel State Bar of Georgia, Atlanta. McNeill Stokes, Atlanta. Anthony B. Askew, Chairperson Review Panel, Atlanta, and Dana J. Norman, Assistant District Attorney, Marietta.
    for defendant:

    Case Number: S11Y0553

    An attorney, who deposited earned money into his trust account and wrote personal checks to his son, was suspended for one

  • Odion v. Varon

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gege Odion, Decatur, proceeded pro se. James P. Blum Jr. Beloin & Assocs. LLC, Nancy H. Baughan, Andrea P. Block Parker, Hudson, Rainer & Dobbs LLP, Robert D. Douglass Sites & Harbison PLLC, W. Hensell Harris Jr., Kristen M. Rectenwald Wasson, Sours & Harris PC, Atlanta, and Keri P. Ware Wilson, Morton & Downs, Decatur, for appellees.
    for defendant:

    Case Number: A11A1178

    The action against one of the defendants was void ab initio because an automatic bankruptcy stay was in effect as to that defendant at the time the action was commenced and the stay was effective re

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    Infobeans cogito test

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  • Pollman v. Swan

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Tony Center, Savannah, for appellants. Benjamin M. Perkins, Patrick T. O'Connor Oliver, Manner LLP, Savannah, and William A. Trotter, III Trotter Jones LLP, Augusta, for appellees.
    for defendant:

    Case Number: S10G1989

    The common-law requirement of justifiable reliance in fraud is not a requirement of the federal mail fraud e, and the Georgia RICO Act defines racketeering activity by referring to the federal

  • Orton v. Masquerade Inc.

    Publication Date: 2011-09-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Charles B. Tanksley and James C. Tribble The Barnes Law Group LLC, Marietta, for appellant. Wade K. Copeland and Lee P. Gutschenritter Carlock Copeland & Stair LLP, Atlanta, for appellees.
    for defendant:

    Case Number: A11A0792

    The district court did not err in finding that an allegedly negligent performer was an independent contractor as a matter of law, notwithstanding the defendants' oral agreements with the performer e

  • Highsmith v. Highsmith

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Vincent D. Sowerby, Brunswick, for appellant.
    for defendant: Terry L. Readdick Brown, Readdick, Bumgartner, Carter, Strickland & Watkins LLP, Brunswick, for appellee.

    Case Number: S11F1052

    The trial court erred in finding that the wife's premarital trade account was marital property subject to equitable div

  • In the Matter of Stephen V. Fitzgerald

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Dennis C. O'Brien, Marietta. Paula J. Frederick, General Counsel, and Jenny K. Mittelman State Bar of Georgia, Atlanta. Anthony B. Askew, Chairperson Review Panel, Atlanta.
    for defendant:

    Case Number: S11Y1445

    An attorney, who failed to account for and deliver more than $455K in real estate closing proceeds to third parties, voluntarily surrendered his law li

  • Interchange Drive LLC v. Nusloch

    Publication Date: 2011-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Phillip R. McCorkle, David H. Johnson and Mathew M. McCoy McCorkle & Johnson LLP, Savannah, for appellant.
    for defendant: . William G. Glass Weiner, Shearouse, Weitz, Greenberg & Shaw, Savannah, for appellees.

    Case Number: A11A0964

    The plaintiff lot owners had a right and easement of use, access and enjoyment to the subdivision's common areas and designated Active Recreation Area, because the property's initial conveyance purs