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Publication Date: 2023-06-09
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Chief Judge Rickman
Attorneys: For plaintiff: GARY LAMAR, (Lamar at Law), Albany, for appellant.
for defendant: W. Meeks, (Attorney at Law), Leesburg, for appellee.
Case Number: A23A0505
Court affirms rulings that the beneficiary of an easement is not entitled to damages, and injunction, and fees, and that a property owner did not abandon that easement
Publication Date: 2023-05-29
Practice Area: Civil Procedure | Real Estate | Tax
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Phipps
Attorneys: For plaintiff: Andrew Stevens, (Stevens, Stevens & Oliver, LLC), Atlanta, for appellant.
for defendant: Gregory Krivo, (McCalla Raymer Leibert Pierce, LLC), Roswell, John Sullivan, (Burr & Forman, LLP), Atlanta, for appellee.
Case Number: A23A0564
Prior Property Owner Lacked Standing to Challenge Lender's Suit to Reform Security Deed
Publication Date: 2023-05-26
Practice Area: Personal Injury | Real Estate | Wrongful Death
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys: For plaintiff: Matthew Coles, Aaron Tady, (Coles Barton LLP), Lawrenceville, for appellant.
for defendant: Christopher Cosper, (Hull Towill Norman Barrett & Salley P.C.), Augusta, Mathew Jackson, (Jackson Law Offices, PC), Augusta, for appellee.
Case Number: A23A0289
Issue of Material Fact as to Whether Slip-And-Fall Plaintiff Was Aware of Unmarked Speed Bump in Parking Lot
Publication Date: 2023-05-11
Practice Area: Public Records | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Torriel Lewis, Alpharetta, for appellant.
for defendant: Andrew Bickwit, Lawrence Kelly, (Fidelity National Law Group), Atlanta, for appellee.
Case Number: A23A0030
Court affirms summary judgment in favor of title insurer on a fraud claim against an individual who falsely represented to be the owner-of-record of a parcel of real estate
Publication Date: 2023-04-06
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Miller
Attorneys: For plaintiff: Theodore Lackland, (Lackland & Associates LLC), Marietta, for appellant.
for defendant: David Fife, Rincon, (Attorney at Law), Atlanta, for appellee.
Case Number: A22A1604
Owner of Condomiums Offered No Evidence to Dispute Claims by Homeowners Association For Unpaid Assessments and Fees
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Publication Date: 2023-04-03
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys: For plaintiff: Bryan Knight, (Knight Johnson LLC), Atlanta, Nicholas Sears, (Knight Palmer, LLC), Atlanta, for appellant.
for defendant: James Craig, (Campbell & Brannon, LLC), Atlanta, Jon David Huffman, (Poole Huffman, LLC), Tucker, for appellee.
Case Number: A22A1218
Court affirms denial of adverse possession claims as to certain elements but reverses as to others that satisfied the 20-year requirement of OCGA §44-5-161
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
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
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
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
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