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  • Tate v. Habif et al.

    Publication Date: 2023-04-28
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Geffry Tate, Riverdale, for appellant.
    for defendant: Eric Jenniges, Ronald Negin, Christopher Stovall, (Busby & Negin, Inc.), Atlanta, for appellee.
    Case Number: A23A0461

    Court reverses dismissal of claims that had been based on res judicata because those claims were not adjudicated by a magistrate court, which had no jurisdiction over them

  • Atlanta Postal Credit Union v. Holiday et al.

    Publication Date: 2023-04-18
    Practice Area: Banking and Finance Laws | Class Actions
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Aaron Kappler, Jeffrey Reynolds, William Diehl, (Thompson O’Brien Kappler & Nasuti), Peachtree Corners, for appellant.
    for defendant: Kristi McGregor, James Evangelista, David Worley, Hannah Drosky, (Evangelista Worley LLC), Atlanta, Jeff Ostrow, (Kopelowitz Ostrow Ferguson Weiselberg Gilbert), Fort Lauderdale, Jonathan Streisfeld, Daniel Tropin, (One West Las Olas Blvd.), Fort Lauderdale, Jeffrey Kaliel, Berkley, Sophia Gold, (Kalielgold, PLLC), Berkley, for appellee.
    Case Number: A22A1630

    Court affirms denial of a motion to dismiss a class action in a breach of contract case involving credit union overdraft fees, and affirms certification of the class

  • Pickens County v. Talking Rock Bluffs, LLC

    Publication Date: 2023-04-12
    Practice Area: Civil Procedure | Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Phillp Friduss, (Hall Booth Smith, PC), Atlanta, Nicholas Kinsley, (Hall Booth Smith, PC), Tifton, for appellant.
    for defendant: Joshua Scoggins, (Attorney at Law), Cumming, Jeremy Underwood, Kenneth Kincaid, (Miles Hansford & Tallant, LLC), Cumming, for appellee.
    Case Number: A22A1253

    Court affirms denial of a motion to dismiss a complaint for declaratory judgment that challenged the denial of a party's petition for rezoning

  • Gwinnett County et al. v. Netflix, Inc. et al.

    Publication Date: 2023-04-12
    Practice Area: Communications and Media
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Jennifer Peterson, Timothy Rigsbee, Robert Ashe, (Bondurant Mixson & Elmore LLP), Atlanta, Steven Berezney, Garrett Broshuis, (Korein Tillery, LLC), St. Louis, for appellant.
    for defendant: Michael French, (Wargo, French & Singer LLP), Atlanta, Rachel Gage, Richard Robbins, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, Jean Pawlow, MARY Alexander, Robert Collins, Joseph Thomas, Peter Davis, (Latham & Watkins, LLP), Chicago, Gregory Garre, (Latham & Watkins, LLP), Washington, Stephen LaBriola, Ethan Knott, (Fellows LaBriola LLP), Atlanta, Victor Jih, Russell Kostelak, Eric Kohan, Kelly Yin, (Wilson Sonsini Goodrich & Rosati), Los Angeles, Michael French, (Wargo, French & Singer LLP), Atlanta, J. Walker, (Attorney at Law), Atlanta, John Jett, Ava Conger, Kevin Sears, (Kilpatrick Townsend & Stockton, LLP), Atlanta, Elba Smith, Ava Conger, (Kilpatrick Townsend & Stockton, LLP), Dallas, Pantelis Michalopoulos, (Steptoe & Johnson, LLP), Washington, William Holley, Scott Zweigel, John Elliott, (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta, Matthew Friedman, Pantelis Michalopoulos, (Steptoe & Johnson, LLP), Washington, Jared Butcher, (Berliner Corcoran & Rowe LLP), Washington, for appellee; Holly Pierson, (Pierson Law LLC), Atlanta, Judson Turner, (Gilbert Harrell Sumerford & Martin P.C., Brunswick, for AM.
    Case Number: A22A1172

    Court affirms dismissal of a County's complaint against streaming services for payment of franchise fees under the Consumer Choice for Television Act

  • Lynch et al. v. Lynch et al.

    Publication Date: 2023-04-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Brian Deutsch, (McCurdy and Candler, LLC), Decatur, Benjamin Pierman, (Harrison & Held, LLP), Atlanta, for appellant.
    for defendant: Jason Smith, (Attorney at Law), Winter Garden, John Park, (Law Offices of Jack Park), Gainesville, for appellee.
    Case Number: A22A1747

    Court affirms summary judgment on breach of contract claim against a decedent's executor but reverses as to the executor's personal liability for that claim

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    Lancaster County & Berks County Court Rules 2023

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  • Sanderwala, LLC v. Biles

    Publication Date: 2023-04-10
    Practice Area: Civil Appeals
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Andrew Murphy, (Andrew T. Murphy LLC), Decatur, for appellant.
    for defendant: David Dickinson, (Dickinson & Willis), Monroe, for appellee.
    Case Number: A22A1371

    Court affirms dismissal of an appeal in a quiet title action because appellant failed to timely pay appellate costs

  • CPI-Phipps Limited Liability Company v. Billboard Corporation et al.

    Publication Date: 2023-04-10
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Antony Sanacory, Zachary Hall, Dorothea Ille, (Hudson Lambert Parrott Walker, LLC), Atlanta, for appellant.
    for defendant: Simon Bloom, Adam Nugent, Sean Ryan, (Bloom Parham, LLP), Atlanta, for appellee.
    Case Number: A22A1285

    Court reverses summary judgment order in a commercial lease dispute and rules that circumstances do not show that landlord accepted tenant's surrender of the leased premises

  • A Crystal Enterprises, Ace, LLC v. The River West Condominium Association, Inc.

    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

  • The Bondsman, Inc. et al. v. Keybo Taylor, Sheriff of Gwinnett County

    Publication Date: 2023-04-04
    Practice Area: Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Michael Bowers, Jeremy Akin, Lucas Boggs, (Johnson Marlowe LLP), Athens, for appellant.
    for defendant: Sun Choy, Jacob Daly, (Freeman, Mathis & Gary, LLP), Atlanta, Robert Marcovitch, (Sinton Scott Minock & Kerew), Atlanta, Tuwanda Williams, (Gwinnett County Law Dept.), Lawrenceville, Preston Ehlers, Atlanta, for appellee; Kellye Moore, (Attorney at Law), Perry, for other party.
    Case Number: A22A1370

    Court vacates summary judgment order and remands for determination of whether a bondsperson did not meet financial obligations required for renewal of a license.

  • Mongeon et al. v. Posey et al.

    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