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  • 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.

  • 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.

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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • 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.

  • 100 Lakeside Trail Trust et al. v. Bank Of America, N.A.

    Publication Date: 2017-09-28
    Practice Area: Banking and Finance Laws | Contracts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Edward Downs (Ed Downs & Associates P.C.), Riverdale; Nubiyn Mzekewe (Mzekewe Legal LLC), Atlanta, for appellant.
    for defendant: Amanda Wilson, Ashby Fox, John Sullivan (Burr & Forman LLP), Atlanta; Charles Ruffin (Baker Donelson Bearman Caldwell & Berkowitz PC), Macon, for appellee.
    Case Number: A17A1735

    The trial court properly granted bank's claim for equitable reformation of a security deed based on mutual mistake, granted bank's motion for summary judgment and denied defendants' cross-motion for summary judgment.