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  • Walia v. Walia

    Publication Date: 2020-08-26
    Practice Area: Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Joseph Key, Kayci Timmons, (Miller & Key PA) McDonough, Larry Overman, Jonathan Overman, Emily Long, (Overman & Overman LLC), Fayetteville, for appellant.
    for defendant: Howard Slomka, (Busch Slipakoff Mills & Slomka LLC), Atlanta, for appellee.
    Case Number: A20A1305

    Court affirms summary judgment on a father's breach of contract action for nonpayment of a loan against his son, but reverses punitive damages award

  • Grayhawk Homes, Inc. v. Addison

    Publication Date: 2020-07-24
    Practice Area: Contracts | Contractual Disputes | Damages | Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Robert Lomax, (Robert R. Lomax, LLC), Columbus, for appellant.
    for defendant: Todd Duffield, (Ogletree Deakins Nash Smoak & Stewart PC), Atlanta, for appellee.
    Case Number: A20A0769

    Non-Compete Agreement's Liquidated Damages Provision Was Unenforceable, But Severable From the Remainder of the Agreement

  • Zahler v. National Collegiate Student Loan Trust 2006-1

    Publication Date: 2020-07-09
    Practice Area: Contracts | Contractual Disputes
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: J Graddy, (Graddy Law LLC), Atlanta, Richard Evins, (The Evins Law Firm, LLC), Woodstock, Ashley Hughes, (Smith & Liss, LLC), Atlanta, for appellant.
    for defendant: Brannon Carson, (Roosen, Varchetti & Olivier PLLC), Atlanta, Cherice Tadday, (Roosen, Varchetti & Olivier PLLC), Smyrna, Kirsten Smith, (Sessions, Fishman, Nathan & Israel), Metairie, for appellee.
    Case Number: A20A0468

    Genuine Issue of Material Fact Exists as to Terms and Conditions of Credit Agreement; Court Reverses Summary Judgment Granted to Student Loan Trust

  • Hunter et al. v. Lowndes County Health Services, LLC

    Publication Date: 2020-07-08
    Practice Area: Contracts | Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ervin Gerson, (Ervin H. Gerson PC), Atlanta, Paul Hermann, (Attorney at Law), Atlanta, for appellant.
    for defendant: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, for appellee. James Thagard, (Young, Thagard, Hoffman, Scott & Smith), Valdosta, for other party.
    Case Number: A20A0322

    Court reverses order granting a motion to compel arbitration because the defendant never demonstrated its assent to that agreement before the plaintiff revoked her assent

  • Villalobos v. Atlanta Motorsports Sales, LLC

    Publication Date: 2020-07-02
    Practice Area: Contracts
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: T. Flinn, (SAAG), Carrollton, for appellant.
    for defendant: Nicolas Bohorquez, (Williams Teusink, LLC), Decatur, for appellee.
    Case Number: A20A0645

    Court affirms dismissal of vehicle purchaser's claims for fraud, finding that those claims were precluded by a merger clause, but reverses dismissal of his claim for revocation.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • LFR Investments, LLC et al. v. Van Sant

    Publication Date: 2020-06-11
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Larry Oldham, (Larry C. Oldham, P.C.), Cumming, for appellant.
    for defendant: G. Beggs, Lesley Rowe, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellee.
    Case Number: A20A0142

    Court affirms partial summary judgment grant in favor of house purchaser because the builder that sought to enforce a contract was not properly licensed

  • Allen v. CFYC Construction, LLC

    Publication Date: 2020-06-02
    Practice Area: Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Andrew Beal, Nicholas Smith, (Buckley Beal LLP), Atlanta, Hugh Wood, (Wood & Meredith, LLP), Atlanta, for appellant.
    for defendant: Hugh Wood, (Wood & Meredith, LLP), Atlanta, for appellee.
    Case Number: A20A0534

    Court reverses summary judgment grant for land purchaser that did not establish a reasonable time for performance of a contract

  • Njoku et al. Adeyemi

    Publication Date: 2020-06-01
    Practice Area: Civil Procedure | Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Agbor Ebot Tabi, (The Law Office of Agb or Ebot Tabi, P.C.), Acworth, for appellant.
    for defendant: Andrew Mosley, (Mosley Law Offices), Lawrenceville, for appellee.
    Case Number: A20A0021

    Court affirms denial of defendants' summary judgment motion in a partnership dissolution dispute and remands for further proceedings on an order of accounting

  • The Columbus Clinic, P. C. v. Williams

    Publication Date: 2020-04-27
    Practice Area: Contracts | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Timothy Newton, Jarrett Spence, (Constangy, Brooks, Smith, & Prophete, LLP), Atlanta, for appellant.
    for defendant: Thomas Martin, (Martin & Martin, LLP), Tucker for appellee.
    Case Number: A19A1895

    Court reverses summary judgment for an employee physician due to unresolved ambiguity in an employment agreement

  • Estate of Steven Fanning et al. v. Estate of Karen Fanning

    Publication Date: 2020-04-20
    Practice Area: Civil Procedure | Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Joseph Kalamaro, (The Clifton Law Firm, LLC), Peachtree City, for appellant.
    for defendant: Angela Landgaard, (Slepian & Schwartz, LLC), Peachtree City, William Ney, (William Brent Ney, LLC), Lawrenceville, for appellee.
    Case Number: A19A2432

    Court reverses summary judgment order in a dispute over a right of first refusal for the purchase of real estate because claimant failed to provide supporting evidence