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  • AMAC Two, LLC et al. v. Web, Ltd

    Publication Date: 2023-11-23
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Burleigh Singleton, Ava Conger, (Kilpatrick Townsend & Stockton, LLP), Atlanta, for appellant.
    for defendant: Andrea Pawlak, W. Schulten, (Schulten Ward & Turner, LLP), Atlanta, for appellee.
    Case Number: A23A0975

    Lease Language Regarding Lessee's Right to Parking Space Was Ambiguous, Precluding Summary Judgment as to Intent

  • Willis et al. v. Water's Edge Homeowner's Association, Inc.

    Publication Date: 2023-11-22
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Ifuero Obaseki, Randy Williams, Patrick Calvo, (Williams Law Group of Georgia, LLC), Atlanta, for appellant.
    for defendant: Richard Capriola, Elizabeth Taylor, Chadd Reynolds, (Winter Caprioal Zenner LLC), Atlanta, for appellee.
    Case Number: A23A0868

    In a dispute between a homeowners' association and its members, the court ruled that association directors must be members of the association, but a quorum of members was not required for elections

  • Columbia County v. Satcher et al.

    Publication Date: 2023-11-17
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Cathey, Fort Gordon, William Keogh (Hull Barrett, PC), Augusta, for appellant.
    for defendant: James Trotter, (Trotter Jones, LLP), Augusta, Harry Revell, Alexander Revell, (Nicholson Revell LLP), Augusta, William Trotter, (William A. Trotter, III, P.C.), Augusta, for appellee.
    Case Number: A23A0774

    Landowner Could Not Claim Adverse Possession Where Alleged Holder of Easement Never Claimed Right to Easement

  • LHNH Perimeter, LLC v. ACV Chamblee, LLC et al.

    Publication Date: 2023-11-15
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lawrence Washburn, Eric Mueller, (Wilson Elser Moskowitz Edelman & Dicker), Atlanta, Elchanan Engel, (Neuberger, Quinn, Gielen, Rubin & Gibber, P. A.), Baltimore, for appellant.
    for defendant: David Turner, Andrea Pawlak, Kevin Ward, (Schulten Ward & Turner, LLP), Atlanta, for appellee.
    Case Number: A23A0727

    Court reverses trial court's cancellation of prospective purchasers' notice of lis pendens in a dispute over the failed purchase of an apartment complex

  • Ovation Condominium Association, Inc. v. Cox

    Publication Date: 2023-11-14
    Practice Area: Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Samantha Mandell, Michael Kendall, (Kendall Mandell LLC), Douglasville, for appellant.
    for defendant: William Downs, Benjamin Baker, (Downs Law, LLC), Atlanta, for appellee.
    Case Number: A23A0933

    Trial Court Erred in Ruling on Summary Judgment Motion Without Conducting Necessary Daubert Analysis

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Simmons v. Flint, Connolly & Walker, LLP et al.

    Publication Date: 2023-11-13
    Practice Area: Legal Malpractice | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Akin, S. Tate, (Akin & Tate, LLC), Cartersville, for appellant.
    for defendant: Eric Frisch, Caroline Scalf, (Copeland, Stair, Kingma & Lovell), Atlanta, for appellee; William Lester, Charles Pollack, (Fryer, Shuster & Lester, P.C.), Atlanta, Monica Gilroy, (The Gilroy Firm), Atlanta, for other party.
    Case Number: A23A0732

    Buyer's Attorney Had No Duty to Non-Client to Ensure Real Estate Transaction Accorded With Non-Client's Understanding

  • Simms v. Stewart

    Publication Date: 2023-11-08
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Julie Liberman, (Julie A. Liberman, LLC), Marietta, Lisa Rose, (Rose Litigation, LLC), Marietta, for appellant.
    for defendant: Stuart Bagley, (Attorney at Law), Marietta, Dwight Stewart, Bloomfield, for appellee.
    Case Number: A23A0633

    Court reverses jury verdict cancelling a quitclaim deed and orders new trial in dispute over whether a property transfer was an inter vivos gift or a transfer with an intent to sell.

  • Talboy v. Dukes

    Publication Date: 2023-10-30
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Carol Clark, (Carol Clark Law), Atlanta, James McClung, (Attorney at Law), Atlanta, John Sparks, (Austin & Sparks, P.C.), Atlanta, for appellant.
    for defendant: J. Hord, (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellee.
    Case Number: A23A1068

    Court affirms dismissal of prescriptive easement claim for an underground sewer line because the line was not public and apparent to others

  • Pineda v. Lewis et al.

    Publication Date: 2023-10-26
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Husser, (Husser & Husser, P.C.), Rome, for appellant.
    for defendant: Melissa Hise, (Palmour Law Firm), Summerville, Albert Palmour, (Attorney at Law), Summerville, Albert Palmour, Summerville, for appellee.
    Case Number: A23A0909

    Court reverses probate court's grant of private way because party seeking that right did not establish a prescriptive right but only a historical permissive use of a shared driveway

  • Amisano v. Cross Creek Condominium Association, Inc.

    Publication Date: 2023-10-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Amelia Phillips, (Phillips Law, LLC), Alpharetta, for appellant.
    for defendant: Jason LoMonaco, Daniel Moore, Victoria Baggett, (NowackHoward, LLC), Atlanta, for appellee.
    Case Number: A23A1088

    Default Should Have Been Set Aside Where Absent Defendant Never Received Clerk-Mailed Notice of Publication, Order, and Complaint