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  • Redfearn v. Moore et al.

    Publication Date: 2024-06-26
    Practice Area: Contracts | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Laurie Daniel, Atlanta, John Smith, (Young Thagard Hoffman, Smith & Lawrence), Valdosta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, Orlando Ojeda, (Ojeda Legal, LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellee; David Atkinson, Sarah Daley, (Swift Currie McGhee & Hiers, LLP), Atlanta, for other party.
    Case Number: A24A1028

    Court affirms denial of motion to enforce a settlement agreement in a wrongful death action due to defendant's non-compliance with the strict terms of the offer

  • Anderson v. Kaye et al.

    Publication Date: 2024-06-19
    Practice Area: Contracts | Fee Disputes
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Mario Breedlove, (The Breedlove Law Firm), Decatur, for appellant.
    for defendant: Scott Kaye, (Manchel, Wiggins & Kaye, LLP), Atlanta, Blue Spruell, (The Outlaw Firm LLC), Decatur, for appellee.
    Case Number: A24A0056

    Court vacates and remands case involving attorney fees due to statute of limitations issue

  • Premier Petroleum, Inc. v. Heer, Inc. et al.

    Publication Date: 2024-04-26
    Practice Area: Contracts
    Industry: Distribution and Wholesale | Energy
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Justyn Alioto, (Mills & Hoopes, LLC), Atlanta, John McGoldrick, (Mills & Hoopes, LLC), Macon, Timothy Walls, (Mills & Hoopes, LLC), Lawrenceville, for appellant.
    for defendant: Michael Cooper, Kenneth Barton, Kareem Kashlan, (Cooper, Barton & Cooper, LLP), Macon, for appellee.
    Case Number: A23A1432

    Court affirms ruling that a gasoline supply contract was void and unenforceable due to procedural and substantive unconscionability of its terms, which unduly favored the supplier

  • Farmer v. Farmer

    Publication Date: 2024-04-25
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant.
    for defendant: Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee.
    Case Number: A23A1302

    Court reverses summary judgment order and rules that an oral promise to convey a life estate in real estate may be enforceable under specific circumstances

  • North Atlanta Vascular Clinic, P.C. v. Thomas Matthews et al.

    Publication Date: 2024-04-22
    Practice Area: Contracts | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Frank Lowrey, Jeffrey Chen, (Bondurant Mixson & Elmore LLP), Atlanta, Edwin Page, Atlanta, for appellant.
    for defendant: Scott Grubman, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Stephen Bauer, Jarvarus Gresham, Jacqueline Menk, (BakerHostetler LLP), Atlanta, Scott Grubman, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Kurt Lentz, (Sutherland Asbill & Brennan LLP), Atlanta, for appellee; Roy Banerjee, Damon Scott, (Kimar Prabhu Patel and Banerjee LLC), Atlanta, for other party.
    Case Number: A23A1627

    Court affirms summary judgment order against a clinic that sought to enforce a non-compete clause against a doctor who had worked at the clinic

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  • Jimenez v. Houseboats on Lanier, Inc. et al.

    Publication Date: 2024-04-08
    Practice Area: Contracts
    Industry: Brokerage
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Ashley Hughes, Oniss Cardenas, (Oliver Hughes LLC), Woodstock, for appellant.
    for defendant: Gregory Jay, (Chandler, Britt & Jay, LLC), Buford, for appellee; Daniel Parr, (Weaver Law Firm), Gainesville, Franklin Patterson, (Bart Patterson & Associates LLC), Gainesville, for Other Party.
    Case Number: A23A1551

    Court affirms summary judgment for a bot brokerage firm in houseboat purchase dispute based on purchase agreement's merger clause and language disclaiming warranties

  • CLS Entertainment, Inc. v. Kenkam, LLC

    Publication Date: 2024-04-08
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Kenneth Newby, Nicholas Bacon, (Newby Law Group, LLC), Atlanta, for appellant.
    for defendant: Kimberly Ellison, Wayne Kendall, (Wayne B Kendall PC), Fayetteville, John Strauss, (John J. Strauss PC), Kennesaw, Robert Dukes, (Dukes Williams, LLC), Atlanta, for appellee.
    Case Number: A23A1546

    Court reverses post-settlement trial court orders that were contrary to the terms of the settlement in a dispute over a dispossession action relating to a commercial lease and property purchase

  • Latium USA Trading, LLC v. Smith

    Publication Date: 2024-04-05
    Practice Area: Contracts | Damages
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Van Horn, Jeremy Kahn, (Berman Fink Van Horn P.C.), Atlanta, for appellant.
    for defendant: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellee; Richard Wayne, Matthew Tokajer, (Richard C. Wayne & Associates, P. C.), Atlanta, for other party.
    Case Number: A23A1262

    Court reverses part of a default judgment due to improper calculation of loss of use damages in a case involving faulty window installation, but affirms all other aspects of the judgment

  • Edwards et al. v. Dixon et al.

    Publication Date: 2024-04-04
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: M. Pippenger, (Puryear Law Group PLLC), Chattanooga, for appellant.
    for defendant: Archibald Farrar, Catherine Jackson, (Farrar & Corbin PC), Summerville, for appellee.
    Case Number: A23A1586

    Court reverses summary judgment order that favored sellers in a dispute over a real estate purchase option agreement, finding that there was valid and adequate consideration for the agreement

  • Naik v. Hyde Park Homes, Inc.

    Publication Date: 2024-03-28
    Practice Area: Contracts
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Udai Singh, (Attorney At Law), Duluth, for appellant.
    for defendant: James Morton, (Attorney At Law), Atlanta, for appellee.
    Case Number: A23A1206

    Court affirms summary judgment for a home builder in a dispute over the builder's retention of a nonrefundable deposit in a property assignment agreement