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  • Doxey v. Crissey, et al.

    Publication Date: 2020-08-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    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: A20A0443

    Court vacates injunction that precluded a landowner from blocking a bridle trail easement and remands for consideration of the impact of trail's use on the landowner

  • Howell v. Lochwolde Homeowners Association, Inc.

    Publication Date: 2020-07-21
    Practice Area: Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Paul Andrew, (Andrew, Merritt, Reilly & Smith), Lawrenceville, for appellant.
    for defendant: Jody Campbell, (Blum & Campbell, LLC), Peachtree Corners, for appellee.
    Case Number: A20A0608

    C Ruling Upholding Enforceability of Restrictive Building Covenants Not Supported by Factual Findings

  • Georgia Department of Transportation v. Mixon

    Publication Date: 2020-07-09
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Attorney General), Atlanta, Angela Cusimano, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: Douglas Gibson, (Gibson & Associates, PC), Waycross, for appellee.
    Case Number: A20A0690

    Sovereign Immunity Was Waived for Nuisance Claim; Inverse Condemnation Claim Arose Out of Alleged Nuisance to Which Sovereign Immunity Is Inapplicable

  • Denhardt v. Sparks

    Publication Date: 2020-07-01
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Tynesha Walls, (Rhodes Walls Law Office, LLC), Snellville, Eddie Denhardt, Atlanta, for appellant.
    for defendant: Allison Jett, (Jett Law Group, LLC), Atlanta, for appellee.
    Case Number: A20A0482

    Court affirms dismissal of the holder of a judgment lien's claim to excess funds from a real estate tax sale because he had no interest in the underlying parcel of real estate

  • Tyner v. Edge et al.

    Publication Date: 2020-06-25
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Christopher Elrod, (Attorney at Law), Oakwood, for appellant.
    for defendant: Jason Kim, Samuel Bagwell, (Kim and Bagwell, LLC), Gainesville, for appellee.
    Case Number: A20A0265

    Court affirms summary judgment in a quiet title action in favor of a purchaser that redeemed back taxes and properly foreclosed on a parcel of commercial property

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Hojeij Branded Foods, LLC v. Clayton County, Georgia et al.

    Publication Date: 2020-06-24
    Practice Area: Civil Procedure | Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: W. Wright, Alla Raykin, (Eversheds Sutherland (US) LLP), Atlanta, for appellant.
    for defendant: Jack Hancock, Arash Sabzevari, (Freeman Mathis & Gary, LLP), Forest Park, Winston Denmark, Leonid Felgin, Danielle Matricardi, (Fincher Denmark LLC), Atlanta, Janet Scott, (Seay/Felton LLC), Atlanta, for appellee.
    Case Number: A20A0103

    Court reverses dismissal of taxpayer's lawsuit for a property tax refund because that action was initiated within the statute of limitations under an amended statute

  • Bell et al. v. Freeport Title & Guaranty, Inc., as Trustee of The Flat Shoals Townhouse Development Trust

    Publication Date: 2020-06-11
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Brandon Arnold, (Weissman PC), Atlanta, for appellant.
    for defendant: John Clark, Tahra Porterfield, (Clark Caskey, LLC), Atlanta, for appellee.
    Case Number: A20A0133

    Court affirms summary judgment motion to quiets title to a parcel that reverted to an original grantor before another party filed a foreclosure action

  • Torres v. City of Jonesboro

    Publication Date: 2020-05-21
    Practice Area: Attorney Compensation | Evidence | Real Estate
    Industry: Legal Services | Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Grant McBride, William White, Warren Tillery, (Smith, Welch, Webb & White), McDonough, for appellant.
    for defendant: Winston Denmark, Leonid Felgin, (Fincher Denmark LLC), Atlanta, John O'Neal, Valorri Jones, (Fincher Denmark LLC), Jonesboro, for appellee.
    Case Number: A20A0731

    Waived Hearsay Evidence Was Admissible to Prove Amount of Attorney Fees Incurred in Defending Condemnation Action

  • Vickery Falls, LLC v. ASIH, LLC et al.

    Publication Date: 2020-05-06
    Practice Area: Attorney Compensation | Civil Procedure | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jon David Huffman, Michael McGuffee, (Poole Huffman, LLC), Tucker, for appellant.
    for defendant: David Klein, (Rountree & Leitman, LLC), Atlanta, Alexandra Dishun, (Locke Lord LLP), Atlanta, Robert Solomon, (Solomon | Baggett, LLC), Duluth, for appellee
    Case Number: A19A2366

    In Trespass Action Regarding Multi-Use Property, a Compensable Injury can Exist Even With the Increase in Price Based on Market Fluctuations

  • Richards et al. v. Bose et al.

    Publication Date: 2020-04-29
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kimberly Butler, (Ellis Painter Ratteree & Adams), Savannah, Kevin Tallant, Jonah Howell, (Miles Hansford & Tallant, LLC), Cumming, for appellant.
    for defendant: James Teague, (Attorney at Law), Cumming, Keisha Martin Chambless, (Teague & Chambless), Cumming, Jeffrey Schneider, (Weissman, P.C.), Atlanta, Larry Oldham, (Larry C. Oldham, P.C.), Cumming, Vinay Bose, Atlanta, for appellee
    Case Number: A19A2076

    Because Proper Service Had Not Yet Occurred, Trial Court Erred in Concluding That Defendants Were in Default