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  • Freeport Title & Guaranty, Inc., as Trustee of the 1080 Bethlehem Church Trust v. Braswell et al.

    Publication Date: 2023-03-31
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: John Clark, (Clark Caskey, LLC), Atlanta, for appellant.
    for defendant: N. Wages, (Attorney at Law), Winder, for appellee.
    Case Number: A23A0442

    Court affirms a judgment order in favor of grantors on a grantee's action to quiet title to a parcel of property where security deed created a continuing security interest

  • Overlook Gardens Properties, LLC et al. v. Orix, USA, LP et al.

    Publication Date: 2023-03-21
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Neal Callahan, Clarence Mullin, (Waldrep, Mullins & Callahan), Columbus, Charles Gower, (Attorney at Law), Columbus, Patrick Fagan, Michael Terry, Frank Lowrey, (Bondurant, Mixson & Elmore), Atlanta, Miranda Brash, Shaun O’Hara, (Charles A. Gower PC), Columbus, for appellant.
    for defendant: Philip Green, W. Persons, Thaddeus Wilson, Valentin Leppert, (King & Spalding LLP), Atlanta, for appellee.
    Case Number: A22A1627

    Loan Expediter Did Not Breach Promise to Exercise Good Faith in Obtaining Best Available Interest Rates For Real Estate Developer

  • Gleaton & Associates, Inc. v. Cornelius

    Publication Date: 2023-03-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Douglas Clayton, Leah Parker, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Orion Webb, (Smith, Welch, Webb & White, LLC) Stockbridge, for appellee.
    Case Number: A22A1403

    Court reverses rules in favor of property manager that requested summary judgment on a plaintiff's negligence claim following analysis of lease that gave rise to the claim

  • City of Alpharetta v. Francis et al.

    Publication Date: 2023-02-17
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Amy Cowan, Dana Maine, Marrissa Dunn, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Jason Mirabella, (Mahaffey Pickens Tucker, LLP), Marietta, Mark Weinstein, Camesha Mitchell, (Law Offices of Mark Weinstein P.C.), Cumming, for appellee.
    Case Number: A22A1533

    Court reverses denial of a municipality's motion to dismiss a claim where the claimant's ante litem notice included a range but not a specific damages amount

  • Guven v. Guven

    Publication Date: 2023-01-27
    Practice Area: Family Law | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Cooper, (David F. Cooper, P.C.), Marietta, Shiel Edlin, (Stern & Edlin Family Law, P.C.), Atlanta, Christopher Hoffman, (Kitchens Kelley Gaynes, P.C.), Atlanta, for appellant.
    for defendant: Simon Bloom, Shannan Oliver, Sean Ryan, (Bloom Parham, LLP), Atlanta, for appellee; Matthew Thiry, (Matt Thiry Law, LLC), Peachtree Corners, Jon Gottlieb, (Flynn & Gottlieb, P.A.), Atlanta, for other party; Jon Gottlieb, (Flynn & Gottlieb, P.A.), Atlanta, for AM.
    Case Number: A22A1442

    Court affirms order extending an ex-husband's right of first refusal after he filed a contempt motion to his ex-wife's proposed sale of a marital property

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  • Schroeder Holdings, LLC et al. v. Gwinnett County

    Publication Date: 2023-01-26
    Practice Area: Government | Land Use and Planning | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Robert Reeves, Jaletta Smith, (Andersen Tate & Carr), Duluth, for appellant.
    for defendant: Frank Jenkins, Erik Pirozzi, (Jenkins, Bowen & Walker, P.C.), Cartersville, Michael Ludwiczak, Melanie Wilson, (Gwinnett County Department of Law), Lawrenceville, for appellee; Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, for AM.
    Case Number: A22A1585

    County's Denial of Rezoning Request Was Not Quasi-Judicial Decision Requiring Challenge By Way of Writ of Certiorari

  • White Properties Investments, LLC v. Dip Lending I, LLC

    Publication Date: 2022-12-22
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Amelia Phillips, (Phillips Law, LLC), Alpharetta, for appellant.
    for defendant: Jimmy Luke, (Martin Bagwell Luke, P.C.), Atlanta, William Sams, (W. Shannon Sams Law, P.C.), Atlanta, Kevin Maxim, (The Maxim Law Firm, P.C.), Atlanta, John Ramsey, (Attorney at Law), Atlanta, Eugene Smith, Thomas Whitley, (Fulton County Attorney’s Office), Atlanta, for appellee.
    Case Number: A22A1197

    In a dispute over quieting title, court concludes that shorter 7-year reversion applies over 20-year statute of limitations and rules in favor of redemption party

  • City of Lawrenceville v. Alford

    Publication Date: 2022-12-16
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Dana Maine, (Freeman Mathis & Gary), Atlanta, Marissa Dunn, Atlanta, for appellant.
    for defendant: Larry Stewart, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A22A1642

    City Not Entitled to Directed Verdict on Property Owner's Nuisance Claim Relating to Storm-Water Runoff

  • Foley Commons Property Owners Association, Inc. v. Kramarich et al.

    Publication Date: 2022-12-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Frank Beltran, (The Beltran Firm), Atlanta, Melissa Kahren, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, Hugh Wood, (Wood & Meredith, LLP), Atlanta, R. Hughes, (Jeremiah Consulting LLC), Kennesaw, for appellant.
    for defendant: Jonathan Mills, (Durden & Mills, PC), Watkinsville, for appellee.
    Case Number: A22A1157

    Adjacent Property Owner Failed to Meet Burden of Showing It Acquired Color of Title to Disputed Part of Alleyway

  • Motley et al. v. Valentine et al.

    Publication Date: 2022-11-29
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Long, (TuckerLong, P.C.), Augusta, for appellant.
    for defendant: Wendell Johnston, (Johnston and Smith, LLC), Augusta, for appellee.
    Case Number: A22A0640

    Court affirms breach of lease judgment against an individual who signed a lease personally as representative of a church, but vacates judgment against the church