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  • 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.

  • Lafontaine et al. v. Alexander et al

    Publication Date: 2018-02-06
    Practice Area: Business Torts | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ted D. Morgan, for Lafontaine et al.
    for defendant: Waldrep, Mullin & Callahan, David C. Rayfield, for Watley and Alexander.
    Case Number: A17A1267

    The Court partially reversed the trial court's grant of summary judgment to defendant in plaintiffs' suit for, inter alia, fraudulent concealment of negligent construction, negligent construction, maintaining an abatable nuisance and negligent construction of the utility lines arising out of the placement of utility easements in a subdivision defendant developed.

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    California Premises Liability Law

    Authors: Jayme C. Long

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  • Black et al. v. Nationstar Mortgage LLC. et al.

    Publication Date: 2018-01-25
    Practice Area: Civil Procedure | Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Martin Fierman (Attorney at Law), Madison, for appellant.
    for defendant: Steven Flynn, Kimberly Wright, Jennifer McCall, Jimmy Howell (McCalla Raymer Leibert Pierce LLC), Roswell, for appellee.
    Case Number: A17A1587

    The trial court properly granted summary judgment to mortgage companies on their complaint for declaratory judgment and equitable reformation, in which they sought to reverse a foreclosure, void the related deed under power and special warranty deed and reinstate the modified security deed to a first priority position.

  • Great Water Lanier, LLC v. Summer Crest At Four Seasons On Lanier Homeowners Association, Inc.

    Publication Date: 2018-01-19
    Practice Area: Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Tom Pye (Attorney at Law), Norcross, for appellant.
    for defendant: Jason LoMonaco (Nowack Howard, LLC), Atlanta, for appellee.
    Case Number: A17A1810

    Homeowners Association was entitled to summary judgment in landowner's action seeking a declaratory judgment that its land was not burdened by the declaration of covenants applicable to the subdivision, because landowner accepted a deed that unambiguously conveyed the land subject to the declaration of covenants, and, by doing so, voluntarily consented to be bound by such covenants.

  • Oconee Investment Group, LLC v. Turk

    Publication Date: 2017-11-30
    Practice Area: Contracts | Real Estate
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1193

    Defendant was not entitled to summary judgment in real estate agent's suit for breach of contract, fraud, quantum meruit, and unjust enrichment in connection with referral services she provided in a real estate transaction, as O.C.G.A. § 43-40-24 subsection (a) did not bar the real estate agent from bringing her action although she did not possess a valid Georgia real estate brokerage license because her activities fell within an exception to the statutes prohibition.

  • Moore et al. v. Jackson

    Publication Date: 2017-11-27
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A16A1900

    The trial court properly affirmed a jury's verdict in favor of petitioner in his action to quiet title to certain property and properly denied defendants' motion for new trial because there was some evidence upon which the jury could rely in forming their verdict and any error in the trial court's initial decision to exclude certain evidence was harmless since the court eventually allowed admission of that evidence.

  • Federal National Mortgage Association v. Harris

    Publication Date: 2017-11-17
    Practice Area: Evidence | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kimberly Rizzotti Weber, Allison Giardina (Aldridge Pite, LLP), Atlanta, for appellant.
    for defendant: Ricky Harris, Savannah, for appellee.
    Case Number: A17A0694

    In a dispute over possession of certain real property, the trial court abused its discretion when it failed to consider whether certain documents were admissible under O.C.G.A. 24-9-901, which sets out the standards for the authentication and admission of unsealed or uncertified documents.