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  • 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.

  • 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.

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  • 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.

  • Summit At Scarborough Homeowners Association, Inc. v. Williams

    Publication Date: 2017-11-16
    Practice Area: Contracts | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Catherine Gibson McCauley (The Gibson Law Firm, LLC), Atlanta, for appellant.
    for defendant: Ltanya Williams, Ellenwood, for appellee.
    Case Number: A17A1289

    The trial court erred in denying homeowners association's motion for court costs and attorney fees after it obtained a judgment against a homeowner for unpaid annual assessments, because a provision of the Declaration of Covenants, Conditions, Restrictions and Easements for the subdivision stated that the association was entitled to such costs and fees and the homeowner cited no statute that prohibited such recovery.

  • McDonald v. Silver Hill Homes, LLC

    Publication Date: 2017-11-15
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Raymond Williams, Christopher Collier (Williams Teusink, LLC), Decatur, for appellant.
    for defendant: Jeffrey Schneider (Weissman, PC.), Atlanta, for appellee.
    Case Number: A17A0648

    The trial court erred in granting summary judgment to defendant on plaintiff's claims for punitive damages and attorney fees in a boundary line dispute because genuine issues of material fact remained.

  • Kammerer Real Estate Holdings, LLC v. Forsyth County Board of Commissioners et al.

    Publication Date: 2017-11-08
    Practice Area: Civil Procedure | Land Use and Planning | Real Estate
    Industry:
    Court: Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jennifer Spicer Ray, Jeremy Ethan Underwood, Joshua Adam Scoggins (Miles Hansford & Tallant, LLC), Cumming, for appellant.
    for defendant: Kenneth Edward Jarrard, Jeffrey J Costolnick (Jarrard & Davis, LLP), Cumming; Jesse A. Van Sant (The Gore Law Firm, LLC), Alpharetta; Larry Wayne Ramsey, Jr. (ACCG), Atlanta, for appellee.
    Case Number: S17A0924

    The trial court erred in dismissing some of plaintiff's claims against a county, a board of commissioners and the director of the county's Department of Planning and Community Development in connection with the director's refusal to issue a site development permit to plaintiff so that it could construct an automotive service facility on its lot.

  • Simmons v. Prince et al.

    Publication Date: 2017-11-03
    Practice Area: Business Torts | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ryburn Ratterree, Philip Thompson (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: Christopher Britt (Karsman, McKenzie & Hart), Savannah; Jamie Casino (Attorney at Law), Savannah, for appellee.
    Case Number: A17A0899

    The trial court erred in denying defendant's motion for summary judgment in plaintiff's suit to recover damages for injuries he suffered when he fell through the balusters of a railing that surrounded the front landing of a second-floor apartment because the large gaps between the railing balusters was a static defect of which the plaintiff had equal knowledge.