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  • Milliken & Company v. Georgia Power Company

    Publication Date: 2020-03-23
    Practice Area: Contracts
    Industry: Energy
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Stevan Miller, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, for appellant.
    for defendant: Benjamin Brewton, (Tucker Long, P.C.), Augusta, Malissa Kaufold-Wiggins, Hugh McNatt, (Balch & Bingham LLP), Atlanta, Hugh McNatt, (Balch & Bingham LLP), Vidalia, David Dial, Carol Michel, Thomas Strueber, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, for appellee. David Boone, Simone Siex, Ryals Stone, (Boone & Stone), Atlanta, John Clark, (Clark & Smith Law Firm, PC), Macon, William Stone, (William S. Stone, P.C.), Blakely, James Stone, (The Stone Law Group - Trial Lawyers, LLC), Atlanta, David Bell, (Law Office of David B. Bell), Augusta, Nicholas Moraitakis, (Moraitakis & Kushel LLP), Atlanta, James Ellison, James Wall, (Wall Ellison LLP), Augusta, James Strawinski, (Strawinski & Stout, P. C.), Atlanta, Jay O'Brien, (Attorney at Law), Atlanta, Jamie Lebovitz, (Nurenberg, Paris, Heller & McCarthy), Cleveland, Steven Ashby, (Ashby Family Law Associates, P.C.), Tucker, Joseph Brown, David Caine, Lucy Tufts, (Cunningham Bounds, LLC), Mobile, Robert Byrd, Audra Byrd, John Wilkerson, (Turner, Padget, Graham & Laney P.A.), Charleston, E. Armstrong, (Law Offices of Alan Armstrong), Atlanta, David Katzman, (Katzman, Lampert & McMlune), Troy, Michael Schroder, (Swift, Currie, McGhee & Hiers), Atlanta, J. Mozley, (Mozley, Finlayson & Loggins), Atlanta, Mark Gropp, (Wasson Sours & Harris, P.C.), Atlanta, William Floyd, Christine Hall, Peter Van Deventer, Douglas Amster, Gene Kaskiw, Douglas McQueen, (Lewis Brisbois Bisgaard & Smith, LLP), Newark, Victoria Carroll, (McMickle Kurey And Branch LLP), Alpharetta, Kenan Loomis, (Cozen O'Connor), Atlanta, for other party.
    Case Number: A17A1706

    Court rules that language in an easement was an indemnification obligation and not just a covenant not to sue

  • Georgia Lottery Corporation v. Vasaya

    Publication Date: 2019-12-30
    Practice Area: Contracts
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Julie Jacobs, William Banks, Christopher Carr, (Office of the Attorney General), Atlanta, Alkesh Patel, David Carson, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: James Hughes, (Wimberly & Lawson, P.C.), Atlanta, for appellee.
    Case Number: A19A1625

    Breach of contract claims over Georgia Lottery's failure to pay lottery winnings were not barred by sovereign immunity

  • Cheatham Fletcher Scott Architects, P.C. v. Hull 2000, LLLP.

    Publication Date: 2019-12-24
    Practice Area: Civil Procedure | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Long, (Attorney at Law), Augusta, for appellant.
    for defendant: John Markwalter, (Hull Property Group LLC), Augusta, for appellee.
    Case Number: A19A1557

    Architects Breached Interior Design Contract, Which Reflected 'All or Nothing' Scenario and Where Time Was of the Essence

  • Restor-It, Inc. v. Beck

    Publication Date: 2019-12-12
    Practice Area: Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: David Messer, (Briskin, Cross & Sanford, LLC), Alpharetta, for appellant.
    for defendant: Cory Close, Shaun Foley, (Busch, Reed, Jones & Leeper, P.C.), Marietta, for appellee.
    Case Number: A19A1588

    Company's Performance of Electrical and Plumbing Work Without a License Voided the Contract

  • All Star, Inc. v. Alford et al.

    Publication Date: 2019-12-11
    Practice Area: Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Louis Levenson, George Lott, (Louis Levenson & Associates), Atlanta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Brooke Heinz, (Georgia Law Department), Atlanta, for appellee.
    Case Number: A19A1011

    Mandamus Is Not the Proper Remedy Where Trial Court Ruled on License Revocation After the Expiration Period

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Timmons et al. v. Suntrust Bank

    Publication Date: 2019-11-08
    Practice Area: Contracts
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Allen Johnson, (Attorney at Law), Augusta, for appellant.
    for defendant: George Hall, Jordan Bell, (Hull Barrett, PC), Augusta, for appellee.
    Case Number: A19A1262

    Bank was not entitled to summary judgment because it was not entitled to holder in due course status under a vehicle sales contract

  • ALA Construction Services, LLC v. Controlled Access, Inc.

    Publication Date: 2019-10-14
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: James Creasy, (The Law Offices of James K. Creasy, LLC), Atlanta, for appellant.
    for defendant: Eric Van De Water, (Isenberg & Hewitt), Atlanta, for appellee.
    Case Number: A19A0923

    Court reverses summary judgment order on a mechanic's lien because material supplier did not follow statutory notice provisions.

  • TMX Finance, LLC et al. v. Goldsmith et al.

    Publication Date: 2019-10-11
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Robert D'Cruz, (Baker Hostetler), Atlanta, Anthony Decinque, (United States Department of Justice Richard B. Russell Federal Building), Atlanta, for appellant.
    for defendant: William Hunter, Inman Hodges, George Major, (Oliver Maner, LLP), Savannah, Jeffrey Harris, Stephen Lowry, Yvonne Godfrey, (Harris Lowry Manton LLP), Savannah, for appellee. Kirby Mason, David Burkoff, (Hunter, MaClean, Exley & Dunn, P. C), Savannah, Billy Jones, (Jones, Osteen & Jones), Hinesville, for other party.
    Case Number: A19A0855

    Plaintiffs Who Run Hearing Aid Company Fail to State a Claim for Breach of an Option Agreement

  • Sexton et al. v. Sewell et al.

    Publication Date: 2019-08-26
    Practice Area: Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Acting Judge Reese
    Attorneys: For plaintiff: Rachel Gage, Richard Robbins, Heather Sharp, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellant.
    for defendant: Donald Cook, (Smith & Liss, LLC), Atlanta, for appellee.
    Case Number: A19A0751

    Court reverse summary judgment ordering specific performance in a breach of contract matter over a real estate purchase

  • Lynch v. Lynch

    Publication Date: 2019-07-22
    Practice Area: Contracts | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Sparticus Heyward, (Attorney at Law), Marietta, Charles Wardlaw, (The Law Office of Charles Wardlaw), Marietta, for appellant.
    for defendant: Thad Woody, (Kessler & Solomiany LLC), Atlanta, for appellee.
    Case Number: A19A0485

    Court affirms enforceability of an antenuptial agreement but reverses attorney fee award as vague and conclusory.