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  • 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

  • Davidson v. Lindfield Holdings, LLC

    Publication Date: 2021-06-04
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Preston Haliburton, (Haliburton Law Firm), Atlanta, Edwin Wilson, (Attorney at Law), Snellville, William Davidson, Snellville, for appellant.
    for defendant: John Ayoub, Carolina Bryant, (Ayoub & Mansour LLC), Atlanta, for appellee.
    Case Number: A21A0250

    Trial Court Did Not Err in Adopting Special Master's Finding in Quiet Title Dispute

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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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  • Mancuso v. Jackson

    Publication Date: 2021-06-03
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Peter Mancuso, Conyers, for appellant.
    for defendant: Tangela Richmond, Marietta, Ethan Pham, (Nguyen & Pham LLC), Norcross, for appellee.
    Case Number: A21A0629

    Party Claiming Excess Funds from Property Tax Sale Not Entitled to Jury Trial

  • Francis v. NR Deed, LLC

    Publication Date: 2021-06-01
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Neville Francis, (Attorney at Law), Atlanta, for appellant.
    for defendant: William Sams, (W. Shannon Sams Law, P.C.), Atlanta, John Ramsey, (Attorney at Law), Atlanta, for appellee.
    Case Number: A21A0377

    Failure of Property Owner in Quiet Title Action to Appear at Status Conferences Was Willful; Notice of Right to Redeem Was Properly Posted on House

  • Crippen & Lawrence Investment Company, Inc. v. A Tract of Land Being Known As 444 Lemon Street, Marietta Cobb County, Georgia et al.

    Publication Date: 2021-05-03
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Coleman, (Coleman Law, LLC), Atlanta, for appellant.
    for defendant: Reginald Snyder, (Dye Snyder, LLP), Atlanta, Kevin Dixon, Acworth, for appellee. Frederic Beloin, (Beloin, Brown & Blum, LLC), Atlanta, for other party.
    Case Number: A19A0463

    Court remands a quiet title petition for trial court to determine if an executor assented to a transfer of property to an heir that later sold it in a non-judicial tax sale

  • The Retail Property Trust v. McPhaul et al.

    Publication Date: 2021-05-03
    Practice Area: Personal Injury | Premises Liability | Real Estate
    Industry: Real Estate | Retail
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, James Banks, (Weathington McGrew LLC), Atlanta, for appellant.
    for defendant: John Moore, (The Moore Law Group, LLC), Atlanta, for appellee. James Brieske, (Attorney at Law), Atlanta, Brycen Maenza, (Swift Currie McGhee & Hiers LLP), Atlanta, George Duncan, (Dennis, Corry, Smith & Dixon, LLP), Atlanta, for other party.
    Case Number: A21A0467

    Altercation Between Motorists in Mall Parking Area Was Not Reasonably Foreseeable

  • Timothy Franzen, Intervenor et al. v. City of Atlanta

    Publication Date: 2021-04-23
    Practice Area: Real Estate | Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: John Woodham, (Woodham Law, LLC), Atlanta, Carranza Pryor, (LSU Health Sciences Center – Shreveport), Shreveport, for appellant.
    for defendant: Matthew Calvert, Laura Wagner, (Hunton Andrews Kurth LLP), Atlanta, Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, Robert Highsmith, (Holland & Knight LLP), Atlanta, Paul Howard, (Fulton County District Attorney), Atlanta, Alvin Kendall, Douglass Selby, (Attorney at Law), Atlanta, Richard Sinkfield, (Rodgers & Hardin LLP), Atlanta, Keith Wiener, (Holland & Knight), Atlanta, for appellee.
    Case Number: A21A0259

    Trial Court Properly Agreed With the City's View That Redevelopment of an Area in Downtown Atlanta Serves a Beneficial Purpose