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  • HH&L Electric, Inc. v. Hebbard Electric, Inc.

    Publication Date: 2017-11-22
    Practice Area: Civil Procedure | Contracts | Evidence
    Industry: Construction
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: John Long (Tucker, Everitt, Long, Brewton & Lanier), Augusta, for appellant.
    for defendant: Joseph Staak (Smith, Currie & Hancock), Atlanta, for appellee.
    Case Number: A17A0957

    The trial court erred in granting partial summary judgment to defendant in a breach of contract action that was based on a disagreement as to the amount of "profit" parties were to split in their joint venture because the trial court based that decision on disputed opinion testimony.

  • Fulton County, Georgia v. Soco Contracting Company, Inc.

    Publication Date: 2017-11-21
    Practice Area: Civil Procedure | Contracts
    Industry: Construction
    Court: Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ronald Freeman, Cathy Nash, Bethany White (Johnson & Freeman, LLC), Union City; Cheryl Ringer (Office of the Fulton County Attorney), Atlanta; Denval Stewart (Office of the County Attorney), Atlanta, for appellant.
    for defendant: David Roberts (Roberts Construction Law, LLC), Atlanta, for appellee. Larry Ramsey (ACCG), Atlanta, for amicus curiae.
    Case Number: A17A1001

    The trial court erred in denying county's motion for summary judgment in construction company's suit arising out of a contract for the construction of a cultural center because county was entitled to sovereign immunity on causes of action related to unwritten change orders.

  • Auto-Owners Insurance Company v. Tracy

    Publication Date: 2017-11-21
    Practice Area: Contracts | Insurance Law
    Industry: Insurance
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1318

    The trial court erred in denying insurer's motion to dismiss plaintiff's breach of contract action because plaintiff lacked privity of contract with insurer and had not obtained a monetary judgment against its insured; plaintiff thus could not maintain a direct action against insurer.

  • Summit At Scarborough Homeowners Association, Inc. v. Williams

    Publication Date: 2017-11-16
    Practice Area: Contracts | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Catherine Gibson McCauley (The Gibson Law Firm, LLC), Atlanta, for appellant.
    for defendant: Ltanya Williams, Ellenwood, for appellee.
    Case Number: A17A1289

    The trial court erred in denying homeowners association's motion for court costs and attorney fees after it obtained a judgment against a homeowner for unpaid annual assessments, because a provision of the Declaration of Covenants, Conditions, Restrictions and Easements for the subdivision stated that the association was entitled to such costs and fees and the homeowner cited no statute that prohibited such recovery.

  • Interfinancial Midtown, Inc. et al. v. Choate Construction Company

    Publication Date: 2017-11-14
    Practice Area: Bankruptcy | Contracts
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Andrew Lavoie (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellant.
    for defendant: Kevin Hudson, Zachary Hall (Hudson Parrott Walker, LLC), Atlanta; Michael Baumrind, Frank Lowrey (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee.
    Case Number: A17A1160

    In a case of first impression, the Court held that Georgia law allowing the recovery of general and punitive damages for fraudulent conveyances survived the enactment of Georgias Uniform Fraudulent Transfers Act.

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    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Demere Marsh Associates, LLC et al. v. Boatright Roofing and General Contracting, Inc. et al.

    Publication Date: 2017-11-14
    Practice Area: Contracts
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Todd Brooks (Catts & Brooks), Brunswick; James Cook (Goodman McGuffey LLP), Atlanta, Myles Levelle, Brian Moore, Jeffrey Ward (Drew Eckl & Farnham LLP), Atlanta; Kim Jackson, David Harris (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant.
    for defendant: Neal Conner (Conner and Jackson, P.C.), Waycross; Jennifer Noland (Smith Moore Leatherwood LLP), Atlanta; Erin Conner (Conner & Jackson, PC.), Waycross; C. Strickland, Robert Wedge (Attorney at Law), Waycross, for appellee. Matthew Eutzler (Moore Clarke Duvall & Rodgers), Valdosta; Charles Willcox (Moore Clarke Duvall & Rodgers), Albany; Gregory Carter (Brown, Readdick, Bumgartner, Carter, Strickland), Brunswick; Brian Crevasse (St. Johns Law Group), St. Augustine; Mark Pionessa, Henry Bachara (Bachara Construction Law Group, P. A.), Jacksonville; CK Construction, Brunswick; R. Patrick, Walter Adams (Attorney at Law), Brunswick, for other party.
    Case Number: A17A1237

    The Court partially reversed the trial court's judgment in a suit alleging negligent construction, misrepresentation and breach of contract involving condominiums in St. Simons Island, Georgia.

  • Sure, Inc. v. Premier Petroleum, Inc.

    Publication Date: 2017-11-13
    Practice Area: Business Torts | Contracts | Contractual Disputes
    Industry: Energy
    Court: Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Brenda Gardner (The Gardner Law Firm), Atlanta; Scott McAlpine (Knight Johnson, LLC), Atlanta, for appellant.
    for defendant: Steven Mills, Timothy Walls (Mill & Hoopes, LLC), Lawrenceville, for appellee.
    Case Number: A17A1103

    The trial court partially erred in granting summary judgment to defendant in plaintiff's suit arising out of a petroleum supply contract and loan documents executed by the parties.

  • Burson et al. v. Milton Hall Surgical Associates, LLC

    Publication Date: 2017-11-01
    Practice Area: Contracts | Employment Litigation
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1317

    The trial court partially erred in denying former employees' motion to dismiss former employer's breach of contract claims against them arising out of their employment contracts, because certain provisions of the agreements were too indefinite to be enforceable.

  • CMGRP, Inc. v. Gallant, et al

    Publication Date: 2017-10-18
    Practice Area: Contracts | Employment Litigation
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Eric Barton (Attorney at Law), Atlanta; Daniel Hart, Alexander Meier (Seyfarth Shaw LLP), Atlanta, for appellant.
    for defendant: Harry Winograd, Robert Rigrish (Bodker Ramsey Andrews Winograd & Wildstein PC), Atlanta; Harry Winograd (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A1168

    The trial court erred in finding that the non-recruitment provision in former employee's employment agreement, which precluded her from recruiting or hiring her former employer's employees, was overboard and unenforceable and erred in ruling that the non-recruitment provision was void because the customer non-solicitation provision in the same agreement was void.

  • Saws At Seven Hills, LLC et al. v. Forestar Realty, Inc. et al.

    Publication Date: 2017-10-05
    Practice Area: Contracts | Real Estate | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Richard Herzog, Gregory Taube, Jessica Watson (Nelson Mullins Riley & Scarborough, LLP), Atlanta, for appellant.
    for defendant: Simon Bloom, Shannan Oliver, Ryan Harbin (Bloom Sugarman Everett, LLP), Atlanta, for appellee.
    Case Number: A17A0869

    The trial court erred in denying defendants' motions for summary judgment on plaintiffs' claims for tortious inference with business relations because plaintiffs failed to show evidence that it suffered any damages as a result of defendants' alleged interference.