• Carson et al. v. Brown et al.

    Publication Date: 2021-04-02
    Practice Area: Administrative Law | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Kyler Wise, (Wilson Brock & Irby, LLC), Atlanta, for appellant.
    for defendant: Ken Jarrard, Melissa Klatzkow, (Jarrard & Davis, LLP), Cumming, for appellee.

    Case Number: A20A2016

    Landowner Acquired Vested Rights to Develop Real Property With 9,000-Square-Foot Residential Lots

  • Houston et al. v. James

    Publication Date: 2021-03-25
    Practice Area: Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Julie Liberman, (Julie A. Liberman, LLC), Decatur, James Tramel, Elaine Nietmann, (Attorney at Law), Lilburn, Brunswick, for appellant.
    for defendant: Michael Cummings, (Michael H. Cummings II, LLC), Clayton, for appellee.

    Case Number: A20A1689

    Court reverses summary judgment order, finding that questions of fact existed as to whether a son had prescriptive title to a deceased father's property

  • Woodstone Townhouses, LLC v. Southern Fiber Worx, LLC et al.

    Publication Date: 2021-03-25
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Kermit Dorough, (Kermit S. Dorough, Jr., LLC), Albany, for appellant.
    for defendant: Douglas Dean, (Lawson & Reid), Cordele, for appellee.

    Case Number: A20A1857

    Court variously affirms and denies multiple summary judgment orders in a dispute over property rights, easements, and trespass by contractor at an apartment complex

  • Corevest American Finance Lender LLC v. Stewart Title Guaranty Company et al.

    Publication Date: 2021-03-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: A20A1785

    Court reverses an order for judgment on the pleadings because lender sufficiently alleged facts regarding potential fraud in a real estate transaction

  • Polo Golf and Country Club Homeowners Association, Inc. v. John Cunard et al.

    Publication Date: 2021-02-19
    Practice Area: Constitutional Law | Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: John T. Lueder, (Lueder, Larkin & Hunter, LLC), Alpharetta, for appellant.
    for defendant: Kenneth Edward Jarrard, Joseph Paul Mitchell, (Jarrard & Davis, LLP), Cumming, for appellee.

    Case Number: S20A1205

    County Had Authority to Require Homeowners Association to Maintain Drainage Easements and Stormwater Facilities

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    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Newton et al. v. Jacobs et al.

    Publication Date: 2021-02-17
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Douglas Gibson, (Gibson & Associates, PC), Waycross, for appellant.
    for defendant: Matthew Lawrence, James Thagard, (Young, Thagard, Hoffman, Smith, Lawrence & Shenton), Valdosta, for appellee.

    Case Number: A20A1787

    State's Prescribed Burning Law Shielded Land Owner From Liability For Fire Damage to Adjacent Property

  • Rice et al. v. Fulton County, Georgia et al.

    Publication Date: 2021-01-06
    Practice Area: Class Actions | Real Estate | Tax
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, Jonathan Palmer, (Knight Palmer, LLC), Atlanta, Ranse Partin, (Conley Griggs Partin LLP), Atlanta, Lindsey Hillis, Delia Williams-Carroll, (The Hillis Firm), Atlanta, for appellant.
    for defendant: Colin Delaney, Anthony Rollins, Edward Wasmuth, Leah Sears, Robin Burnette, (Smith Gambrell & Russell, LLP), Atlanta, Detriss Thomas, Cheryl Ringer, Patrise Perkins-Hooker, Kaye Burwell, (Fulton County Office of the County Attorney), Atlanta, Jeffrey Haymore, (Dillard Sellers, LLC), Atlanta, Anamaria Hazard, Reginald Martin, (City of Atlanta, Law Department), Atlanta, C. Thomas, Michael Stacy, (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, Ken Jarrard, Gregory Meyer, (Jarrard & Davis, LLP), Cumming, Patrick Stough, E. Cox, Dennis Davenport, (McNally, Fox, Grant & Davenport, P.C.), Fayetteville, Richard Lindsey, (Lindsey Law Firm PC), Peachtree City, Winston Denmark, (Fincher Denmark LLC), Jonesboro, Emilia Walker, (Fincher Denmark LLC), Atlanta, John O'Neal, (Clayton County Boad of Commisioners), Jonesboro, Valorri Jones, (Fincher Denmark LLC), Jonesboro, Christa Freeman, (City of Atlanta Department of Law), Atlanta, Michael Huening, (Fincher Denmark LLC), Atlanta, Meredith Germain, (Turner Ross Germain, LLC), Marietta, William Turner, (Turner & Ross, LLC), Marietta, Daniel Lee, (Attorney For The City of Sandy Springs), Sandy Springs, Matthew Weiss, (Freeman Mathis & Gary), Atlanta, Brad Bowman, Decatur, Chad Alexis, (Dekalb County Law Department), Decatur, Ernest Bennett, (Carothers & Mitchell, LLC), Buford, Richard Carothers, (Attorney at Law), Buford, David Davidson, Robert Hulsey, (Attorney at Law), Roswell, Lajuana Ransaw, Andrew Welch, Priya Patel, (Smith Welch Webb & White, LLC), McDonough, for appellee.

    Case Number: A20A1898

    Taxpayers Stated Class Action Claim Under Tax Refund Statute For Allegedly Illegal Assessments

  • DD&D Family Properties, LLC v. Wright

    Publication Date: 2020-12-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Charles Black, (Bannister and Black), Austell, for appellant.
    for defendant: Charles Mecklin, Samson Newsome, (Tisinger Vance PC), Carrollton, for appellee.

    Case Number: A20A1339

    Court vacates summary judgment order for a party that redeemed a tax sale for real property because of trial court error in calculating the proper redemption amount.

  • Najarian Capital, LLC v. Clark, et al.

    Publication Date: 2020-12-07
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Reese
    Attorneys: For plaintiff: Kane St. John, (Attorney at Law), Marietta, for appellant.
    for defendant: John Clark, (Clark Caskey, LLC), Atlanta, Allison Jett, (Jett Law Group, LLC), Atlanta, for appellee.

    Case Number: A20A0978

    Court affirms order dismissing property purchaser's complaint for fraud and negligence that had been premised on a lien on a condominium property

  • Crippen & Lawrence Investment Co., Inc. v. A Tract of Land Being Known As 444 Lemon Street, et al.

    Publication Date: 2020-11-16
    Practice Area: Civil Procedure | Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: John Hampton Coleman, (Coleman Law, LLC), Atlanta, for appellant.
    for defendant: Reginald L. Snyder, (Taylor English Duma, LLP), Atlanta, for appellee. James L. McDaniel, (McDaniel & Scott), Decatur, Barry Phillip Bettis, (Bettis Law Group, LLC), Alpharetta, for Amicus Appellant.

    Case Number: S19G1645

    Tax Sale Purchaser of Property Had Standing to Claim Estate Executor Had Impliedly Assented to Devise of Property