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  • 280 Partners, LLC et al. v. Bank of North Georgia

    Publication Date: 2019-12-12
    Practice Area: Banking and Finance Laws
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: David Cox, (Cox Law Project, LLC), Atlanta, for appellant.
    for defendant: Thomas Reilly, Kathleen Campbell, (Troutman Sanders LLP), Atlanta, for appellee.
    Case Number: A19A1567

    Court Upholds Summary Judgment for Bank Alleging That Borrower Defaulted on Note When it Failed to Make Required Payments

  • Federal Deposit Insurance Corporation v. R. Charles Loudermilk, Sr. et al.

    Publication Date: 2019-05-03
    Practice Area: Banking and Finance Laws | Damages
    Industry: Financial Services and Banking
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Joyce Gist Lewis, (Krevolin Horst, LLC), Atlanta, Curtis J. Martin, II, (Mozley Finlayson & Loggins LLP), Atlanta, Michael P. Kohler, Charles B. Lee, Laura Elisabeth Ashby, (Miller & Martin PLLC), Atlanta, George P. Shingler, (The Shingler Law Firm LLC), Decatur, Ashley Elizabeth Wilson Clark, (Buckley Beal, LLP), Atlanta, Kathryn R. Norcross, James S. Watson, Colleen J. Boles, John Stuart Tonkinson, (Federal Deposit Insurance Corporation), Arlington, Ellis A. Sharp, (Stokes, Williams, Sharp & Davies), Knoxville, for appellant.
    for defendant: Robert Richard Long, IV, Brian David Boone, Theodore J. Sawicki, Elizabeth Gingold Clark, Lauren Tapson Macon, (Alston & Bird, LLP), Atlanta, for appellee.
    Case Number: S18Q1233

    Georgia's Apportionment Statute Was Applicable to Tort Claims Against Bank Directors and Officers For Purely Pecuniary Losses

  • Ettrick v. Suntrust Mortgage, Inc.

    Publication Date: 2019-04-11
    Practice Area: Attorney Compensation | Banking and Finance Laws | Real Estate
    Industry: Financial Services and Banking | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kristie Hornsby, (The Hornsby Law Firm, LLC), Atlanta, for appellant.
    for defendant: Monica Gilroy, (Gilroy Bailey Trumble LLC), Alpharetta, for appellee. Alison Lerner, (Judicial Council/Administrative Office of the Courts), Atlanta, for AM.
    Case Number: A18A1615

    Attorney Fees Properly Awarded Against Both Party and Counsel For Maintaining Wrongful Foreclosure Action Without Substantial Justification

  • Suntrust Bank v. Bickerstaff

    Publication Date: 2019-04-11
    Practice Area: Banking and Finance Laws | Civil Procedure | Class Actions
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Lindsey Mann, (Attorney at Law), Atlanta, Jaime Theriot, William Withrow, (Troutman Sanders LLP), Atlanta, Richard Sinkfield, William Withrow, Michael Eber, Katherine D'Ambrosio, (Rogers & Hardin LLP), Atlanta, for appellant.
    for defendant: Jason Carter, Steven Rosenwasser, Michael Terry, Joshua Thorpe, (Bondurant, Mixson & Elmore, LLP), Atlanta, Prof. C. Ellington, (Attorney At Law), Athens, James Finley, MaryBeth Gibson, (The Finley Firm, P.C.), Atlanta, for appellee.
    Case Number: A18A1519

    Class Action Appropriate For Litigating Issue Whether Bank's Overdraft Fees Violated Usury Laws

  • The Coastal Bank v. Larry Rawlins, Jr. et al.

    Publication Date: 2018-11-26
    Practice Area: Banking and Finance Laws | Fee Disputes
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A18A1010

    Court Vacates Trial Court's Denial of Attorney's Fees and Orders Reconsideration of Whether a Good-Faith Settlement Offer Had Been Made

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    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Ruth et al. v. Cherokee Funding, LLC et al.

    Publication Date: 2018-11-09
    Practice Area: Banking and Finance Laws
    Industry: Financial Services and Banking
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: James Darren Summerville, Angela Rene Fox, (The Summerville Firm, LLC), Atlanta, Jeremy Springer McKenzie, Christopher Dorian Britt, (Karsman, McKenzie & Hart), Savannah, Robert Bartley Turner, Kathryn Hughes Pinckney, (Savage Turner & Pinckney PC), Savannah, for appellant.
    for defendant: Laurie Webb Daniel, Matthew D. Friedlander, (Holland & Knight, LLP), Atlanta, Bradley Mitchell Harmon, Allan Charles Galis, (Hunter Maclean Exley & Dunn, P.C.), Savannah, Geoffrey H. Bracken, Scott D. Ellis, (Gardere Wynne Sewell, LLP), Houston, for appellee. Ean Kade Cullefer, (Georgia Chamber of Commerce), Atlanta, for amicus appellant. Jeremy Lynn Kidd, (Mercer University School of Law), Macon, Thomas Darrell Weldon, Jr. (Weldon Law Firm), Ringgold, for amicus appellee. Douglas Edward Herman, Thomas Lawrence Evans, (Oliver Maner, LLP), Savannah, for other party.
    Case Number: S17G2021

    Financing arrangement did not come under the purview of the Industrial Loan Act or the Payday Lending Act

  • Auto-Owners Insurance Company v. Hale Haven Properties, LLC

    Publication Date: 2018-06-28
    Practice Area: Banking and Finance Laws | Civil Procedure | Contractual Disputes | Insurance Law
    Industry: Insurance | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Rachel Sullivan, Michael Kendall (Kendall Law Group, LLC), Douglasville, for appellant.
    for defendant: Laurie Dugoniths (The Johnson Insurance Law Group, LLC), Atlanta; David Flint (Schreeder, Wheeler & Flint, LLP), Atlanta; C. Johnson (Hall Booth Smith, PC), Atlanta, for appellee. Kenneth Jones (Hall, Booth, Smith & Slover), Atlanta; Russell Britt (Attorney at Law), Atlanta; William Holley, Zachary LeVasseur (Parker Hudson Rainer & Dobbs LLP), for other party.
    Case Number: A18A0132

    Factual Issues Presented as to Whether Scrivener's Error and Parties' Oversight Warranted Reformation of Insurance Agreement

  • Community & Southern Bank v. First Bank Of Dalton et al.

    Publication Date: 2018-04-05
    Practice Area: Banking and Finance Laws | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Bryan Busch (Busch Slipakoff & Schuh, LLP), Atlanta; Laura Mirmelli (Adams and Reese), Atlanta, for appellant.
    for defendant: Stephen Michmerhuizen, Warren Coppedge (Coppedge and Associates, P.C.), Dalton, for appellee. Avery Jackson (Tisinger Vance PC), Carrollton, for other party.
    Case Number: A17A2121

    Trial Court Erred In Reentering Earlier Judgment After Appellate Court Directed Judgment Be Vacated and Issues Reconsidered

  • Blach v. Diaz-Verson

    Publication Date: 2018-03-06
    Practice Area: Banking and Finance Laws | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Anthony Binford Minter (Wagner, Johnston & Rosenthal, PC.), Atlanta, for appellant.
    for defendant: Kurtis A. Powell (Hunton & Williams), Atlanta, for appellee. Robert J. Frey, Sarasota; Stephen G. Gunby, W. Fray McCormick (Page Scrantom Sprouse Tucker & Ford PC), Columbus, for other party.
    Case Number: S17Q1508

    Insurance Company Was Not "Financial Institution" When It Was Garnished Based on Earnings Owed as Debtor's Employer

  • 100 Lakeside Trail Trust et al. v. Bank Of America, N.A.

    Publication Date: 2017-09-28
    Practice Area: Banking and Finance Laws | Contracts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Edward Downs (Ed Downs & Associates P.C.), Riverdale; Nubiyn Mzekewe (Mzekewe Legal LLC), Atlanta, for appellant.
    for defendant: Amanda Wilson, Ashby Fox, John Sullivan (Burr & Forman LLP), Atlanta; Charles Ruffin (Baker Donelson Bearman Caldwell & Berkowitz PC), Macon, for appellee.
    Case Number: A17A1735

    The trial court properly granted bank's claim for equitable reformation of a security deed based on mutual mistake, granted bank's motion for summary judgment and denied defendants' cross-motion for summary judgment.