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  • Mercer v. Mercer

    Publication Date: 2018-10-23
    Practice Area: Contracts | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Markie Perry, (Cowart & Perry, LLP), Valdosta, for appellant.
    for defendant: Berrien Sutton, (Attorney At Law), Homerville, for appellee.
    Case Number: A18A1366

    Quitclaim Deed Clearly Conveyed Interest in Inherited Property to Co-Executor Brother

  • Moore v. Childs

    Publication Date: 2018-10-23
    Practice Area: Civil Procedure | Contracts | Family Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Krystal Moore, (Krystal M. Moore, LLC), Atlanta, for appellant.
    for defendant: Brandon Wagner, (Lueder Larkin & Hunter, LLC), Alpharetta, for appellee.
    Case Number: A18A1309

    Court Must Presume Correctness of Ruling That Is Not Contained in the Record

  • Colonial Oil Industries, Inc. v. Lynchar, Inc. d/b/a T&W Oil Company et al.

    Publication Date: 2018-07-17
    Practice Area: Contracts | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Tracy Ann O'Connell (Ellis, Painter, Ratterree & Adams, LLP), Savannah, for appellant.
    for defendant: Benjamin Wade Wallace (Brown & Adams LLC), Columbus, for appellee.
    Case Number: S17G1788

    The identification of the principal debtor by only its trade name does not render a contract of suretyship or guaranty unenforceable on its face pursuant to the Statute of Frauds.

  • Northlake Manor Condominium Assoc, Inc. v. Harvest Assets, LLC

    Publication Date: 2018-05-09
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Randall Lipshutz (Lipshutz Greenblatt LLC), Tucker, for appellant.
    for defendant: John Ayoub, Carolina Bryant (Ayoub & Mansour LLC), Atlanta, for appellee.
    Case Number: A18A0653

    The trial court erred in denying condo association's claim for unpaid condominium association assessments that had accrued during the pendency of litigation between association and LLC that purchased the tax deed for a condominium in the Association.

  • Atlanta Truck Parts, Inc. v. Zenon & Zenon Contractors, Inc.

    Publication Date: 2018-05-08
    Practice Area: Contracts | Damages
    Industry: Automotive | Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Dosier Williams Winfield (Law Offices of Elizabeth Williams Winfield LLC), Peachtree City; Hugh Wood (Wood & Meredith LLP), Atlanta, for appellant.
    for defendant: Vivian Uchitel (Simpson Law Offices LLP), Atlanta, for appellee.
    Case Number: A18A0574

    The Court affirmed the $128,972.90 award to plaintiff in its breach-of-contract action, as the person who signed the contract on defendant's behalf was authorized to do so and there was evidence supporting the amount of the award.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Cancel et al. v. The Medical Center Of Central Georgia, Inc. et al.

    Publication Date: 2018-05-02
    Practice Area: Business Torts | Civil Appeals | Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: George McGriff, Eric Wyatt (George W. McGriff & Associates), Roswell, for appellant.
    for defendant: Ranse Partin (Conley Griggs Partin LLP), Atlanta; W. Persons (King & Spalding), Atlanta; Alfred Adams, Cynthia Burnside (Holland & Knight LLP), Atlanta, for appellee.
    Case Number: A17A1708

    The Court of Appeals affirmed the trial court's ruling that hospital defendants were immune from plaintiffs' breach of fiduciary duty and fraud claims and the denial of plaintiffs' motion to supplement the record on appeal.

  • Nissan North America, Inc. v. Walker-Jones Nissan, LLC

    Publication Date: 2018-04-19
    Practice Area: Contracts
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Tracy Brown (Attorney at Law), Jesup; Samuel Hutto, Christopher Genovese (Nelson Mullins Riley & Scarborough LLP), Columbia, for appellant.
    for defendant: David Conner, Robert Kutchey (The Conner Law Group, PC.), Savannah; Daniel Snipes (Taulbee, Rushing, Snipes, Marsh & Hodgin, LLC), Statesboro, for appellee. Ronald Thomas (Thomas & Settle), Waycross; Graham Floyd (Attorney at Law), Baxley, for other party.
    Case Number: A17A2018

    The trial court erred in granting an interlocutory injunction in connection with a proposed sale of a car dealership, as the trial court erred in finding that petitioner was likely to succeed on the merits of its claims and that petitioner would suffer irreparable injury absent injunctive relief.

  • Cahill v. United States

    Publication Date: 2018-03-21
    Practice Area: Contracts | Family Law | Real Estate
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Frank G. Podesta (FGP Law, LLC), Roswell, for appellant.
    for defendant: Lori Marie Beranek, Lisa Dolores Cooper, John A. Horn (United States Attorney's Office), Atlanta; Robert J. Branman (Department of Justice, Tax Division), Joan I. Oppenheimer (Tax Division Department of Justice), Washington, for appellee.
    Case Number: S17Q1559

    Answering a question from the district court, the Court concluded that parties' divorce decree severed the joint tenancy with right of survivorship created by a quitclaim deed executed during their marriage.

  • Cook Pecan Company, Inc. v. McDaniel

    Publication Date: 2018-03-02
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Ronald Daniels (Daniels Law LLC), Perry, for appellant.
    for defendant: William Jourdain (Minor, Bell & Neal), Dalton; Michael McNeill (Macon-Bibb County Attorney's Office), Macon, for appellee.
    Case Number: A17A1428

    The trial court properly granted summary judgment to defendant in plaintiff's suit seeking equitable relief based on defendant allegedly signing a contract agreeing to enter into a lease agreement with plaintiff to allow plaintiff to harvest pecans on property that defendant was purchasing but failing to execute the lease agreement.

  • Brown et al. v. RAC Acceptance East, LLC

    Publication Date: 2018-02-28
    Practice Area: Contracts | Dispute Resolution
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Mitchell Le'roux Albert, III (Mitchell L. Albert III & Associates LLC), Atlanta, for appellant.
    for defendant: Glianny Fagundo-Toro, Matthew Robert Rosenkoff (Taylor English Duma LLP), Atlanta; Robert F. Friedman (Littler Mendelson, P.C), Dallas, for appellee.
    Case Number: S17G1097

    The trial court properly found that the delegation provision in the parties arbitration agreement clearly gave the arbitrator, not the courts, the authority to determine that defendant did not waive by prior litigation conduct its right to seek arbitration, and the arbitrators decision on the waiver question could not be properly challenged as legally erroneous.