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  • Cross et al. v. Wilmington Trust, National Association, solely as trustee for Mfra Trust 2014-2

    Publication Date: 2021-08-12
    Practice Area: Bankruptcy | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: James Key, (Attorney at Law), Atlanta, for appellant.
    for defendant: Tania Tuttle, Sarah Monico, (McLain & Merritt PC), Alpharetta for appellee.
    Case Number: A21A0545

    Issues of Fact Exist as to Whether Parties Intended That Entire Property Serve as Collateral for Purchase Money Loan

  • Gastel v. Dekalb County et al.

    Publication Date: 2021-08-11
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: George Butler, (Attorney at Law), Dahlonega, for appellant.
    for defendant: Bennett Bryan, (DeKalb County Law Department), Decatur, John Jones, (Assistant County Attorney), Decatur, for appellee.
    Case Number: A21A0032

    Trial Court Erred in Characterizing Lawsuit Challenging Denial of Zoning Variance Request as Mandamus Action

  • Steward et al. v. Arandia et al.

    Publication Date: 2021-08-10
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Robert Stansfield, (Attorney at Law), Covington, for appellant.
    for defendant: Jeffrey Barnes, (Barnes Firm LLP), Atlanta, for appellee.
    Case Number: A21A0418

    Trial Court Erred in Considering Affidavit Submitted in Support of Survey; Remanded for Court to Reconsider Survey's Admissibility

  • Waters v. Waters

    Publication Date: 2021-08-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jeffrey Butler, (Woodward & Butler, LLC), Augusta, for Appellant.
    for defendant: James Overstreet, Katherine Williams, (Klosinski Overstreet, LLP), Augusta, for Appellee
    Case Number: A21A0092

    Court reverses partial summary judgment grant where material questions of fact existed as to the identity of the person who signed a warranty deed in a land transfer.

  • Sloans v. The State

    Publication Date: 2021-08-02
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jordan Van Matre, (The Law Office of Jordan K. Van Matre, P.C.), McDonough, for Appellant.
    for defendant: Fani Willis, Paul Howard, Mathew Plott, (Fulton County District Attorney's Office), Atlanta, for Appellee.
    Case Number: A21A0125

    Court reverses partial summary judgment grant where material questions of fact existed as to the identity of the person who signed a warranty deed in a land transfer.

  • Law Journal Press | Digital Book

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

    Authors: Michael D. Malfitano

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  • Poverty Destroyed Forever, LLC. v. Visio Financial Services, Inc. et al.

    Publication Date: 2021-07-15
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Joseph Todd, (Joseph M. Todd, P.C.), Jonesboro, for appellant.
    for defendant: Howell Hall, (Shapiro Pendergast & Hasty, LLP), Atlanta, for appellee.
    Case Number: A21A0461

    In a foreclosure action, the Court affirmed a directed verdict dismissing a claim for punitive damages and the denial of debtor's motion to set aside a foreclosure action

  • McBrayer et al. v. Governors Ridge Office Park Association, Inc. et al.

    Publication Date: 2021-07-07
    Practice Area: Real Estate
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Robert Remar, Michael Eber, (Rogers & Hardin LLP), Atlanta, for appellant.
    for defendant: Alexander Levorse, Noah Rosner, (Attorney at Law), Atlanta, for appellee. Darren Summerville, (The Summerville Firm, LLC), Atlanta, Sean Young, (American Civil Liberties Union Foundation of Georgia, Inc), Atlanta, Christine Castro, Susan Frietsche, (Women's Law Project), Pittsburgh, David Cohen, (Thomas Kline School of Law), Philidelphia, for AM.
    Case Number: A21A0262

    Court orders new trial for a medical office abortion provider where original jury verdict was not supported by evidence showing nuisance

  • Doxey v. Crissey et al.

    Publication Date: 2021-07-05
    Practice Area: Civil Appeals | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Hylton Dupree, Blake Carl, (Dupree & Kimbrough, LLP), Marietta, for appellant.
    for defendant: Robert Beard, (Attorney at Law), Marietta, Richard Calhoun, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, for appellee.
    Case Number: A21A0203

    Court vacates amended order and remands case for the trial court to conduct proceedings and to consider evidence on the changed use of an easement

  • Dashtpeyma v. Walker et al.

    Publication Date: 2021-06-29
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Hassan Dashtpeyma, Marietta, for appellant.
    for defendant: Dana Maine, (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A21A0631

    Res Judicata Precluded New Action Based on Same Facts and Relating to Same Parties Involved in Earlier, Resolved Action

  • Freeport Title & Guaranty Inc., as Trustee of The 4977 Memorial Trust v. Tegeue et al.

    Publication Date: 2021-06-21
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Clark, (Clark Caskey, LLC), Atlanta, for appellant.
    for defendant: Lawrence Kelly, Austin James, Elizabeth Padgett, (Fidelity National Law Group), Atlanta, Tania Tuttle, Sarah Monico, (McLain & Merritt PC), Alpharetta, Brett Ledermeier, (McLain & Merritt PC), Atlanta, Craig Pendergrast, (Taylor English), Atlanta, for appellee. Paris Wynn, (U.S. Department of Justice), Atlanta, for other party
    Case Number: A21A0232

    Court affirms dismissal of petition to quiet title, concluding that no reversion of title occurred even though a recorded security deed did not specify a debt maturity date