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  • Razavi v. Emily

    Publication Date: 2024-07-10
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Ehsan Razavi, Atlanta, Dale Montpelier, (The Garza Law Firm), Knoxville, for appellant.
    for defendant: Jay Shreenath, (Shreenath and Associates), Austell, for appellee.
    Case Number: A24A0289

    Court affirms findings of trespass finding and property rights but reverses damages award for conversion, and vacates attorney fees award with direction for clarification of basis of that award

  • Department of Transportation v. Star Land Holdings, LLC et al.

    Publication Date: 2024-07-09
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Carr, Logan Winkles, (Attorney General), Atlanta, Warren Power, (Power & Jaugstetter, P.C.), McDonough, Jacqueline Kennedy-Dvorak, Ruth Snell, (Power Snell, P.C.), McDonough, Amy Patterson, (Georgia Law Department), Atlanta, for appellant.
    for defendant: Jordan Walker, (Sever Storey Walker), Carmel, for appellee; Melanie Wilson, Tracy Lettsome, (Gwinnett County Department of Law), Lawrenceville, other party.
    Case Number: A24A0183

    Court affirms setting aside of declaration of taking due to DOT's non-compliance with property owner's rights under the the Landowner's Bill of Rights and Private Property Protection Act of 2006

  • Apple Pie Ridge Homeowners Association, Inc. v. Andrews et al.

    Publication Date: 2024-07-04
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brandon Wagner, (Lueder Larkin & Hunter, LLC), Alpharetta, for appellant.
    for defendant: P. Freed, Brian Goldberg, (Freeman Mathis & Gary LLP), Atlanta, for appellee.
    Case Number: A24A0244

    Court affirms summary judgment favoring property owners in covenant dispute, deeming lots exempt from homeowners association's declaration

  • Pham et al. v. Buckhead Walk Association, LLC

    Publication Date: 2024-06-06
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Jonathan Barash, (Law Office of Jonathan A. Barash), Atlanta, William Cromwell, (Carter Cromwell Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Lori Christman, Louis Levenson, (Levenson & Associates), Atlanta, for appellee.
    Case Number: A24A0370

    Court vacates summary judgment order that had been in favor of a landlord in a dispossessory action for failure to hold an oral argument, notwithstanding withdrawal of request for argument

  • Mt. Nebo Baptist Life Center, Inc. v. Abbey Lending, LLC

    Publication Date: 2024-05-23
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Ronald Freeman, Chelsea Freeman Dease, Bobby Hill, (Johnson & Freeman, LLC), Union City, Gregory Taube, (Nelson Mullins Riley & Scarbrough, LLP), Atlanta, for appellant.
    for defendant: Jason Graham, (Graham Legal, LLC), Atlanta, Andrew Cameron, (Cameron Law, LLC), Atlanta, for appellee.
    Case Number: A24A0291

    Court affirms default judgment in dispossessory action and denies lessee's motion to open default, concluding that dispossessory statutes are clear in requiring a response in 7 days

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  • 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

  • Brownphil, LLC v. Cudjoe et al.

    Publication Date: 2024-04-23
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Kim Stroup, James Banter, (James Bates Brannan Groover, LLP), Macon, for appellant.
    for defendant: Michael Mayo, (Mayo Hill), Macon, for appellee.
    Case Number: A23A1762

    Court affirms prescriptive ownership in a property dispute, finding that property claimants had possessed disputed property under a claim that was public, continuous, exclusive, and uninterrupted

  • College Park Business and Industrial Development Authority v. College Park Mob, LLC

    Publication Date: 2024-04-19
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: P. Freed, Brian Goldberg, (Freeman, Mathis & Gary, LLP.), Atlanta, for appellant.
    for defendant: Simon Bloom, Shannan Oliver, Benjamin Dell'orto, (Bloom Parham LLP), Atlanta, for appellee.
    Case Number: A23A1332

    Court reverses grant of specific performance in real estate dispute due to trial court's lack of consideration of property value, but affirms summary judgment denying seller's breach of contract claims

  • 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

  • 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