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Publication Date: 2022-03-16
Practice Area: Contracts | Real Estate
Industry:
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys: For plaintiff: Aaron Clark, (Kan Clark, LLP), Atlanta, for appellant.
for defendant: Norman Cuadra, (Norman H. Cuadra, P.C.), Lawrenceville, Kevin Pratt, (Attorney at Law), Suwanee, for appellee.
Case Number: A21A1487
Court vacates jury's damages award in breach of contract lease dispute because the damages were not proven by competent evidence
Publication Date: 2022-03-11
Practice Area: Attorney Compensation | Real Estate | Tax
Industry: Legal Services | Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Miller
Attorneys: For plaintiff: Thompson Kurrie, Edward Preston, Kayla Barnes, (Coleman Talley LLP), Valdosta, for appellant.
for defendant: Bennett Bryan, Matthew Welch, (DeKalb County Law Department), Decatur, Clark Candler, (Hall County District Attorneys Office), Gainesville, for appellee.
Case Number: A21A1808
Tax Valuation of Apartment Complex Failed to Account For Impact of Restrictive Covenants and Higher Operating Costs
Publication Date: 2022-02-24
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Phipps
Attorneys: For plaintiff: Sam Dickson, (Attorney at Law), Atlanta, for appellant.
for defendant: John Clark, (Clark Caskey, LLC), Atlanta, Tahra Porterfield, (AXA XL), Atlanta, Eugene Smith, (Fulton County Attorney's Office), Atlanta, Bert Whitfield, Inglewood, for appellee.
Case Number: A21A1574
Court affirms order awarding title to two parcels of property to tax deed purchaser and rejecting a party's efforts to redeem tax deeds with payments made by personal checks
Publication Date: 2022-02-16
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys: For plaintiff: John Monroe, (John Monroe Law, P.C.), Dawsonville, for appellant.
for defendant: David Carpenter, James Grant, (Alston & Bird, LLP), Atlanta, Omari Crawford, (The DeKalb County Law Department), Decatur, for appellee.
Case Number: A21A1479
Court affirms summary judgment in favor of an entity's right to bar firearms from its property, concluding that the entity's lease created an estate for years and not a usufruct
Publication Date: 2022-02-10
Practice Area: Civil Procedure | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Pinson
Attorneys: For plaintiff: Kavita Rampersad, Snellville, for appellant.
for defendant: Brandon Wagner, (Lueder Larkin & Hunter, LLC), Alpharetta, for appellee.
Case Number: A21A1490
As to a judgments on unpaid homeowners association fees, court dismisses one appeal and vacates and remands the other for determination of service and notice
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2022-02-01
Practice Area: Land Use and Planning | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Phipps
Attorneys: For plaintiff: David Fried, (Fried Bonder White, LLC), Atlanta, for appellant.
for defendant: Anthony Powell, Jay Crowley, (Powell & Edwards), Lawrenceville, Wesley Ross, (Webb, Tanner & Powell), Lawrenceville, for appellee.
Case Number: A21A1805
Court affirms contempt order over appellant's challenge in an easement dispute, finding proper subject matter jurisdiction and authority to modify prior order
Publication Date: 2022-01-07
Practice Area: Discovery | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Miller
Attorneys: For plaintiff: Adam Cain, (Law Offices of Adam M. Cain LLC), Athens, for appellant.
for defendant: Scott Stevens, (Howe Law Firm), Alpharetta, for appellee.
Case Number: A21A1626
Court affirms summary judgment on a condominium association's complaint for unpaid assessments based on unanswered requests for admission.
Publication Date: 2021-12-30
Practice Area: Civil Procedure | Real Estate
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Mark Schneider, Lindsay Kennedy, (Mark A. Schneider P.A.), Fort Lauderdale, for appellant.
for defendant: Alan Norton, (Luther-Anderson, PLLP), Chattanooga, for appellee.
Case Number: A21A1461
Court Erred in Granting Motion to Dismiss Complaint as Barred by the Statute of Limitation in Reliance on Matters Outside Complaint and Answer
Publication Date: 2021-12-28
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Waymon Harrell, (Attorney at Law), Perry, for appellant.
for defendant: Christopher Conley, (James Bates Brannan Groover, LLP), Macon, for appellee.
Case Number: A21A1551
Court affirmed summary judgment in favor of a greenhouse operator and against neighbor's claims of nuisance due to excess light that is emitted from the greenhouse
Publication Date: 2021-12-27
Practice Area: Class Actions | Real Estate
Industry: Real Estate
Court: Georgia Supreme Court
Judge: Justice LaGrua
Attorneys: For plaintiff: Walter J. Bibbins, Brittanie Danielle Browning, John E. Hall, Jr., (Hall Booth Smith, P.C.), Atlanta, Ryan Matthew Ingram, David Patrick Conley, Marie Wilcox, (Moore Ingram Johnson & Steele, LLP), Marietta, Kenan G. Loomis, (Cozen O'Connor), Atlanta, for appellant.
for defendant: Frank Mitchell Lowrey, Joshua Ferber Thorpe, (Bondurant, Mixson & Elmore, LLP), Atlanta, Matthew Quinn Wetherington, Sr., Robert Neil Friedman, (Wetherington Law Firm), Atlanta for appellee; Andrew Alan Pinson, (Department of Law), Atlanta; John Colquitt Rogers, (Carlock, Copeland & Stair, LLP), Atlanta, Kimberly D. Stevens, Willie C. Ellis, Jr., LeRyan Paige Lambert, (Hawkins Parnell & Young, LLP), Atlanta, for Amicus Appellant.
Case Number: S21G0029
Court vacates and remands a class action case that addressed a private property owner's right to immobilize vehicles improperly parked on the owner's property
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