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  • Mecca v. Gould

    Publication Date: 2023-05-08
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 6621 CIVIL 2021

    The court found that a genuine factual issue existed as to whether defendant had received statutorily required notice of plaintiffs' intent to foreclose and denied plaintiffs' motion for summary judgment.

  • In re: Estate of Speroni

    Publication Date: 2023-05-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 216 O.C. 2022

    Petitioner sought removal of decedent's estate executor. The trial court granted the petition and appointed petitioner as executor de bonis non cum testamento annexo.

  • In re Nomination Petition of Parker

    Publication Date: 2023-04-24
    Practice Area: Election and Political Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 001650-CV-2013

    The court denied a petition to set aside the nomination of a candidate on the grounds that the candidate filed an unsworn declaration in lieu of having a notarized affidavit as allowed by 42 Pa.C.S.A.§ 6203.

  • Wojciak v. Pustova

    Publication Date: 2023-03-27
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5716 CIVIL 2022

    Defendants could not assert a counterclaim for invasion of privacy in plaintiffs' suit to eject them and recover possession of residential real property. The trial court sustained plaintiffs' preliminary objection to the invasion of privacy claim. To the extent defendants failed to plead a separate counterclaim with sufficient particularity, the court sustained plaintiffs' preliminary objection and allowed defendants to re-plead the claim.

  • Kalahari Resorts, LLC v. Kraemer Bros., LLC

    Publication Date: 2023-03-27
    Practice Area: Contractual Disputes
    Industry: Construction | Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3976 CIVIL 2022

    Neither the gist of the action doctrine nor the economic loss doctrine required dismissal of a commercial property owner's negligence and other non-contractual claims against its architects, general contractor and subcontractors arising out of alleged construction and material defects in its facility's roofing system. The trial court overruled defendants' preliminary objections to plaintiff's complaint.

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Miller v. Christine

    Publication Date: 2023-03-06
    Practice Area: Deals and Transactions
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 009997-CV-2019

    The trial court granted plaintiff's request for equitable partition of a motor home jointly owned with defendant. The trial court ordered the vehicle's sale, with the proceeds to be equally distributed between plaintiff and defendant.

  • Westminster Am. Ins. Co. v. Bond

    Publication Date: 2023-03-06
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 161 CIVIL 2021

    Plaintiffs, a landlord and its insurer, could not maintain this subrogation action against the defendant tenants where the terms of both the commercial and residential leases at issue suggested that defendants were implied co-insureds on landlord's fire insurance policy. The court granted defendants' motion for summary judgment.

  • Soulen v. Kungl

    Publication Date: 2023-02-20
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5949 CIVIL 2021

    The court entered summary judgment in defendants' favor finding that although plaintiffs sought to expand the geographical area of an easement, plaintiffs improperly advanced their argument under the doctrine of boundary by consent, which, only applies to disputes regarding property boundaries rather than easements.

  • Ace v. Ace

    Publication Date: 2023-02-20
    Practice Area: Damages
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 6242 CIVIL 2020

    The court opined, based on standards set forth in 2021's Spencer v. Johnson, that the superior court would rule that joint and several liability applied to all defendants, without the limitations of the Fair Share Act, unless the plaintiff had some amount of contributory negligence. The court awarded plaintiff $345,866 in damages.

  • Dunlop v. Dunlop

    Publication Date: 2023-02-13
    Practice Area: Trusts and Estates
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1609 CIVIL 2021

    Defendant wife acted improperly when she sold a parcel of property owned by husband's company without authority to do so under a power of attorney, and was unjustly enriched by that unauthorized sale and retention of the proceeds for her own use. The court granted plaintiffs' motion for summary judgment.