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  • Eden v. Eden et al.

    Publication Date: 2018-04-16
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kenneth Lewis, Teresa DiPonzio (Lewis & Murphy, LLP), Winder, for appellant.
    for defendant: Christopher Willis (Attorney at Law), Cumming, for appellee.
    Case Number: A17A1401

    Parties' Unilateral Transfer of Real Property to Opposing Party in Fee Simple Did Not Release Them From Their Financial Obligations

  • The Bank Of New York Mellon et al. v. Edmondson et al.

    Publication Date: 2018-04-11
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Tenise Cook, Peter Lublin, John Morhart (Rubin Lublin LLC), Peachtree Corners; Jody Campbell (Blum & Campbell, LLC), Peachtree Corners; Jeffrey Schneider (Weissman, P.C.), Atlanta, for appellant.
    for defendant: Theresa Starkes (Roberts Law Firm, LLC), Atlanta; Pamela Stephenson (Stephenson Reynolds Law), Decatur, for appellee. American Express Bank, FSB, c/o Secretary, Salt Lake City, for other party.
    Case Number: A17A1640

    Bank's Attempt to Replace Missing Security Deed Through Use of Forged Document Was Barred by Unclean Hands Doctrine

  • 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

  • Cottingham v. Sapp

    Publication Date: 2018-04-02
    Practice Area: Personal Injury | Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Andrew Hinton (Hinton & Powell), Atlanta, for appellant.
    for defendant: Charles Shenton (Young Thagard Hoffman, Smith & Lawrence), Valdosta, for appellee.
    Case Number: A17A1790

    Slip-And-Fall Plaintiff's Contradictory Testimony Supported Conclusion She Had Superior Knowledge of Hazard

  • Sitterli v. Csachi

    Publication Date: 2018-03-30
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jeffrey Hicks (Attorney at Law), Lawrenceville; Stephen Mackie (Attorney at Law), Atlanta, for appellant.
    for defendant: Raluca Hanea (Attorney at Law), Lawrenceville; Ecaterina Csachi, Lawrenceville, for appellee.
    Case Number: A17A1509

    Unjust Enrichment and Quantum Meruit Claim Both Failed For Failure to Show Expectation of Compensation

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  • Khimani v. Ruppenthal

    Publication Date: 2018-03-29
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Richard Lindsey (Lindsey Law Firm PC), Peachtree City; Heather Ryfa (Georgia Attorney General's Office), Atlanta, for appellant.
    for defendant: John Beck (Lawson & Beck, LLC), Peachtree City, for appellee. J. Crowley (Bush, Crowley & Leverett), Macon; First GA Community Bank (c/o Arthur Hammond), Jackson; Sikandar Nathani, Fayetteville, for other party.
    Case Number: A18A0236

    Co-tenant of Real Property Was Entitled To Equitable Partition and Accounting

  • Davis et al. v. Ganas et al.

    Publication Date: 2018-03-28
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Carl Langley (C. Richard Langley, Attorney at Law), Albany; John Sims (Sims, Fleming, Benson), Tifton; William Turner (Attorney at Law), Valdosta, for appellant.
    for defendant: O. Ellerbee (Attorney at Law), Valdosta, for appellee.
    Case Number: A17A1423

    The Court of Appeals partially vacated the grant of partial summary judgment to plaintiffs in their suit arising out of the use of a private lake, holding that although plaintiffs acquired free access to the waters of the lake because their property was included in a platted subdivision that granted the owners such access and plaintiffs relied on such, an issue of fact remained as to whether free access to the waters included the right to construct and/or maintain a boathouse and dock that was anchored to the bottom of the lake.

  • Faison et al. v. Faison

    Publication Date: 2018-03-23
    Practice Area: Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: W. Meeks (Attorney at Law), Leesburg, for appellant.
    for defendant: John Hadden (Turkheimer & Hadden, LLC), Atlanta; John Cotton (Cotton Law Firm, P.C.), Cordele, for appellee.
    Case Number: A17A1610

    Trial Court Erred In Failing to Determine Heirs Property Before Ordering Mediation in Partition Dispute

  • Suntrust Bank v. Todd Cowan, As Tax Commissioner For Douglas County et al.

    Publication Date: 2018-03-22
    Practice Area: Civil Procedure | Real Estate | Tax
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Gregory Crochet (Kutak Rock LLP), Atlanta, for appellant.
    for defendant: Kenneth Bernard, Stephanie Regas (Sherrod & Bernard), Douglasville; John Doe, Jane Doe, Douglasville; Regina Jordan, Los Angeles; John Ayoub (Ayoub & Mansour, LLC), Atlanta, for appellee.
    Case Number: A17A1850

    Lienholder Who Received Excess Funds From Tax Sale Was Subject to Subsequent Appellate Court Rulings Modifying Rights of Redeeming Creditors

  • Cahill v. United States

    Publication Date: 2018-03-21
    Practice Area: Contracts | Family Law | Real Estate
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Frank G. Podesta (FGP Law, LLC), Roswell, for appellant.
    for defendant: Lori Marie Beranek, Lisa Dolores Cooper, John A. Horn (United States Attorney's Office), Atlanta; Robert J. Branman (Department of Justice, Tax Division), Joan I. Oppenheimer (Tax Division Department of Justice), Washington, for appellee.
    Case Number: S17Q1559

    Answering a question from the district court, the Court concluded that parties' divorce decree severed the joint tenancy with right of survivorship created by a quitclaim deed executed during their marriage.