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  • In Your Dreams, Inc. et al. v. Raisin's Ranch, LLC.

    Publication Date: 2019-07-17
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Mark Weinstein, (Law Offices of Mark Weinstein, PC), Cumming, for appellant.
    for defendant: Michael Bain, Douglas Flint, (Flint, Connolly & Walker, LLP), Canton, for appellee.
    Case Number: A19A0488

    Court Reverses Grant of Summary Judgment to Plaintiff Whose Basis for Claiming an Interest in the Property at Issue Had No Support in the Record

  • Thomaston Acquisition, LLC v. Piedmont Construction Group, Inc. et al.

    Publication Date: 2019-07-08
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Nathan L. Garroway, Jeffrey A Zachman, (Dentons US LLP), Atlanta, Gregory T. Wolf, (Dentons US LLP), Kansas City, for appellant.
    for defendant: Lee Malcolm Gillis, Jr., (James-Bates-Brannan-Groover-LLP), Macon, Duke Riley Groover, (James Bates Brannan Groover LLP), Macon, Jacquelyn Dessaure Smith, Matthew Glenn Moffett, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, Christopher James Arnold, Rufus D. Sams, III, (Jones Cork & Miller, LLP), Macon, Kathryn Malone Willis, (Adams, Hemingway & Wilson, LLP), Macon, for appellee.
    Case Number: S19Q0249

    Acceptance Doctrine Can Apply As Defense Against Claim Brought By Subsequent Purchaser of Allegedly Negligently Constructed Apartment Building

  • Heard v. Payne et al.

    Publication Date: 2019-07-02
    Practice Area: Contractual Disputes
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Thomas Lindsay, (Townley & Lindsay, LLC), Rossville, for appellant.
    for defendant: Melissa Hise, (Palmour Law Firm), Summerville, Albert Palmour, (Attorney at Law), Summerville, Jack Floyd, John Floyd, (Floyd Law Firm), Gadsden, Christopher Carr, (Attorney General), Atlanta, Brooke Heinz, Sarah McBrayer, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A19A0333

    Court Affirms Jury Verdict in Favor of Competing Claimant in Dispute Over Ownership of Winning Lottery Ticket Over Various Evidentiary Challenges

  • Spirits, Inc. v. Patel et al.

    Publication Date: 2019-06-12
    Practice Area: Contractual Disputes | Damages
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Kelly Burke, (Burke Lasseter LLC.), Warner Robins, for appellant.
    for defendant: John Spurlin, (Spurlin & McCorvey), Tifton, for appellee.
    Case Number: A19A0591

    Court affirms damages award in breach of contract action

  • Strategic Law, LLC v. Pain Management & Wellness Centers of Georgia, LLC et al.

    Publication Date: 2019-05-24
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Christopher Badeaux, (The Badeaux Law Firm, LLC), Cumming, Douglas Stein, (Stein Law, LLC), Atlanta, for appellant.
    for defendant: Odis Williams, (The Law Office of Odis Williams, P.C.), Marietta, for appellee.
    Case Number: A19A0337

    Court Affirms in Part and Reveres in Part Trial Court Order Denying Fees to Successful Movant in Consent Decree Enforcement Effort

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    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Warren Averett, LLC v. Landcastle Acquisition Corporation

    Publication Date: 2019-05-13
    Practice Area: Contractual Disputes
    Industry: Accounting
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Robert Khayat, (The Khayat Law Firm), Atlanta, William Davis, H. Wells (Starnes Davis Florie, LLP), Birmingham, For Appellant.
    for defendant: Charles Conerly, (Attorney at Law), Carrollton, David Luzum, (Erwin, Bishop, Capitano & Moss, P.A.), Charlotte, For appellee.
    Case Number: A18A2117

    Contract provision that purported to limit damages was unenforceable because it was not sufficiently prominent

  • Shelnutt et al. v. The Mayor and Aldermen of the City of Savannah et al.

    Publication Date: 2019-05-10
    Practice Area: Contractual Disputes
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Christopher Britt, Jeremy McKenzie, (Karsman, McKenzie & Hart), Savannah, for appellant.
    for defendant: Jennifer Herman, (SAVANNAH CITY ATTORNEYS OFFICE), SAVANNAH, Shawn Kachmar. Hunter Maclean, David Burkoff, (Hunter Maclean Exley & Dunn, P.C.), Savannah, W. Stillwell, (Brooks Stillwell LLC), Savannah, For Appellee.
    Case Number: A18A1667

    Court denies firefighters' challenge to the administration of a city's pay policy

  • Georgia Lottery Corporation v. Patel

    Publication Date: 2019-05-09
    Practice Area: Contractual Disputes | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Julie Jacobs, William Banks, Christopher Carr, Logan Winklesm Bernadett Rosszer, (Georgia Office of The Attorney General), Atlanta, for appellant.
    for defendant: Kelly Burke, Ketan Patel, (Burke Lasseter LLC), Warner Robins, Jared Lina, James Goldstein, (Goldstein & Hayes, P.C.), Atlanta, Mark Spix, (Attorney at Law), Atlanta, for appellee. Michael Lober, (Lober & Dobson), Woodstock, for appellee.
    Case Number: A18A2143

    Georgia Lottery Ticket Constituted Written Contract, Precluding Sovereign Immunity Defense

  • Legacy Academy, Inc. v. PACU Enterprises, Inc.

    Publication Date: 2019-05-07
    Practice Area: Contractual Disputes | Damages
    Industry: Advertising
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Charles Bachman, (Gregory Doyle Calhoun & Rogers LLC), Atlanta, for appellant.
    for defendant: Cary Ichter, (Attorney at Law), Atlanta, William Davis, (Ichter Davis, LLC), Atlanta, Perry, for appellee.
    Case Number: A18A1609

    Franchisor Not Required to Show Mitigation of Damages Where Franchisee's Obligation to Pay Fees Was Fixed and Absolute

  • Jorree v. PMB Rentals, LLC

    Publication Date: 2019-05-01
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Lisa Rose, (Rose Litigation, LLC), Marietta, Basmatie Jorree, Davisboro, for appellant.
    for defendant: Adam Cain, (Law Offices of Adam M. Cain LLC), Athens, Hunter Carroll, (Hagwood and Tipton, PC), Birmingham, for appellee.
    Case Number: A18A1466

    Court Vacates Order Dismissing Challenge to Entry of Default Judgment as Untimely Where Movant Sought to Challenge Personal Jurisdiction of Court