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  • MTN Investments, LLC v. D. Magen, LLC

    Publication Date: 2023-11-17
    Practice Area: Deals and Transactions
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: David Rusnak, Roberto Bazzani, (Drew Eckl Farnham), Atlanta, for appellant.
    for defendant: Eugenia Iredale, Steven Kushner, (Fellows La Briola, LLP), Atlanta, for appellee; Todd Hatcher, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, for other party.
    Case Number: A23A0871

    Court reverses contempt order and default judgment in a lawsuit over breach of fiduciary duty in a real estate matter because the order lacked clear and definite terms

  • Columbia County v. Satcher et al.

    Publication Date: 2023-11-17
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Cathey, Fort Gordon, William Keogh (Hull Barrett, PC), Augusta, for appellant.
    for defendant: James Trotter, (Trotter Jones, LLP), Augusta, Harry Revell, Alexander Revell, (Nicholson Revell LLP), Augusta, William Trotter, (William A. Trotter, III, P.C.), Augusta, for appellee.
    Case Number: A23A0774

    Landowner Could Not Claim Adverse Possession Where Alleged Holder of Easement Never Claimed Right to Easement

  • Fowler Office Park, LLC v. Greenprints Alliance, Inc. et al.

    Publication Date: 2023-11-16
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Connolly, Douglas Flint, (Flint, Connolly & Walker, LLP), Canton, for appellant.
    for defendant: Eldon Basham, Donald Gillis, Robert Ingram, Angela Smith, (Moore, Ingram, Johnson & Steele), Marietta, Robert Quinn, John Reale, (Drew, Eckl & Farnham), Atlanta, Alkesh Patel, (Georgia Law Department), Atlanta, for appellee.
    Case Number: A23A0751

    Court reverses judgment that had been in favor of prospective seller in a property sale dispute but affirms judgement that third parties had not tortiously interfered with the underlying contract

  • LHNH Perimeter, LLC v. ACV Chamblee, LLC et al.

    Publication Date: 2023-11-15
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lawrence Washburn, Eric Mueller, (Wilson Elser Moskowitz Edelman & Dicker), Atlanta, Elchanan Engel, (Neuberger, Quinn, Gielen, Rubin & Gibber, P. A.), Baltimore, for appellant.
    for defendant: David Turner, Andrea Pawlak, Kevin Ward, (Schulten Ward & Turner, LLP), Atlanta, for appellee.
    Case Number: A23A0727

    Court reverses trial court's cancellation of prospective purchasers' notice of lis pendens in a dispute over the failed purchase of an apartment complex

  • Contour Sierra, LLC v. Williams et al.

    Publication Date: 2023-11-15
    Practice Area: Civil Procedure | Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Gregory Taube, Peter Munk, (Nelson Mullins Riley & Scarbrough, LLP), Atlanta, for appellant.
    for defendant: Charles Clay, (Pratt Clay, LLC), Atlanta, Bradley Pratt, Christopher Lambden, (Bayuk Pratt, LLC), Atlanta, for appellee.
    Case Number: A23A1079

    Well-Pled Complaint Allegations Supported Claims on Default for Negligent Infliction of Emotional Distress

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  • Ovation Condominium Association, Inc. v. Cox

    Publication Date: 2023-11-14
    Practice Area: Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Samantha Mandell, Michael Kendall, (Kendall Mandell LLC), Douglasville, for appellant.
    for defendant: William Downs, Benjamin Baker, (Downs Law, LLC), Atlanta, for appellee.
    Case Number: A23A0933

    Trial Court Erred in Ruling on Summary Judgment Motion Without Conducting Necessary Daubert Analysis

  • Simmons v. Flint, Connolly & Walker, LLP et al.

    Publication Date: 2023-11-13
    Practice Area: Legal Malpractice | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Akin, S. Tate, (Akin & Tate, LLC), Cartersville, for appellant.
    for defendant: Eric Frisch, Caroline Scalf, (Copeland, Stair, Kingma & Lovell), Atlanta, for appellee; William Lester, Charles Pollack, (Fryer, Shuster & Lester, P.C.), Atlanta, Monica Gilroy, (The Gilroy Firm), Atlanta, for other party.
    Case Number: A23A0732

    Buyer's Attorney Had No Duty to Non-Client to Ensure Real Estate Transaction Accorded With Non-Client's Understanding

  • Smith et al. v. Millsap et al.

    Publication Date: 2023-11-10
    Practice Area: Attorney Compensation | Civil Procedure | Court Administration
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jeffrey Holm, (Blaska Holm LLC), Atlanta, for appellant.
    for defendant: Ryan Millsap, Atlanta, Aaron Clark, (Kan Clark, LLP), Atlanta, Halsey Knapp, Jessica Cino, (Krevolin Horst, Inc.), Atlanta, David Houtsma, (David Houtsma Law Firm LLC), Cumming, for appellee.
    Case Number: A23A0651

    Trial Court Properly Disbursed Registry Funds Based on Attorney's Lien After Arbitrator Rejected Attorney's Fee Claim

  • Simms v. Stewart

    Publication Date: 2023-11-08
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Julie Liberman, (Julie A. Liberman, LLC), Marietta, Lisa Rose, (Rose Litigation, LLC), Marietta, for appellant.
    for defendant: Stuart Bagley, (Attorney at Law), Marietta, Dwight Stewart, Bloomfield, for appellee.
    Case Number: A23A0633

    Court reverses jury verdict cancelling a quitclaim deed and orders new trial in dispute over whether a property transfer was an inter vivos gift or a transfer with an intent to sell.

  • Talboy v. Dukes

    Publication Date: 2023-10-30
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Carol Clark, (Carol Clark Law), Atlanta, James McClung, (Attorney at Law), Atlanta, John Sparks, (Austin & Sparks, P.C.), Atlanta, for appellant.
    for defendant: J. Hord, (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellee.
    Case Number: A23A1068

    Court affirms dismissal of prescriptive easement claim for an underground sewer line because the line was not public and apparent to others