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  • Grayhawk Homes, Inc. v. Addison

    Publication Date: 2020-07-24
    Practice Area: Contracts | Contractual Disputes | Damages | Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Robert Lomax, (Robert R. Lomax, LLC), Columbus, for appellant.
    for defendant: Todd Duffield, (Ogletree Deakins Nash Smoak & Stewart PC), Atlanta, for appellee.
    Case Number: A20A0769

    Non-Compete Agreement's Liquidated Damages Provision Was Unenforceable, But Severable From the Remainder of the Agreement

  • Zahler v. National Collegiate Student Loan Trust 2006-1

    Publication Date: 2020-07-09
    Practice Area: Contracts | Contractual Disputes
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: J Graddy, (Graddy Law LLC), Atlanta, Richard Evins, (The Evins Law Firm, LLC), Woodstock, Ashley Hughes, (Smith & Liss, LLC), Atlanta, for appellant.
    for defendant: Brannon Carson, (Roosen, Varchetti & Olivier PLLC), Atlanta, Cherice Tadday, (Roosen, Varchetti & Olivier PLLC), Smyrna, Kirsten Smith, (Sessions, Fishman, Nathan & Israel), Metairie, for appellee.
    Case Number: A20A0468

    Genuine Issue of Material Fact Exists as to Terms and Conditions of Credit Agreement; Court Reverses Summary Judgment Granted to Student Loan Trust

  • Hunter et al. v. Lowndes County Health Services, LLC

    Publication Date: 2020-07-08
    Practice Area: Contracts | Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ervin Gerson, (Ervin H. Gerson PC), Atlanta, Paul Hermann, (Attorney at Law), Atlanta, for appellant.
    for defendant: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, for appellee. James Thagard, (Young, Thagard, Hoffman, Scott & Smith), Valdosta, for other party.
    Case Number: A20A0322

    Court reverses order granting a motion to compel arbitration because the defendant never demonstrated its assent to that agreement before the plaintiff revoked her assent

  • Villalobos v. Atlanta Motorsports Sales, LLC

    Publication Date: 2020-07-02
    Practice Area: Contracts
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: T. Flinn, (SAAG), Carrollton, for appellant.
    for defendant: Nicolas Bohorquez, (Williams Teusink, LLC), Decatur, for appellee.
    Case Number: A20A0645

    Court affirms dismissal of vehicle purchaser's claims for fraud, finding that those claims were precluded by a merger clause, but reverses dismissal of his claim for revocation.

  • LFR Investments, LLC et al. v. Van Sant

    Publication Date: 2020-06-11
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Larry Oldham, (Larry C. Oldham, P.C.), Cumming, for appellant.
    for defendant: G. Beggs, Lesley Rowe, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellee.
    Case Number: A20A0142

    Court affirms partial summary judgment grant in favor of house purchaser because the builder that sought to enforce a contract was not properly licensed

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    Lancaster County & Berks County Court Rules 2023

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  • Allen v. CFYC Construction, LLC

    Publication Date: 2020-06-02
    Practice Area: Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Andrew Beal, Nicholas Smith, (Buckley Beal LLP), Atlanta, Hugh Wood, (Wood & Meredith, LLP), Atlanta, for appellant.
    for defendant: Hugh Wood, (Wood & Meredith, LLP), Atlanta, for appellee.
    Case Number: A20A0534

    Court reverses summary judgment grant for land purchaser that did not establish a reasonable time for performance of a contract

  • Njoku et al. Adeyemi

    Publication Date: 2020-06-01
    Practice Area: Civil Procedure | Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Agbor Ebot Tabi, (The Law Office of Agb or Ebot Tabi, P.C.), Acworth, for appellant.
    for defendant: Andrew Mosley, (Mosley Law Offices), Lawrenceville, for appellee.
    Case Number: A20A0021

    Court affirms denial of defendants' summary judgment motion in a partnership dissolution dispute and remands for further proceedings on an order of accounting

  • The Columbus Clinic, P. C. v. Williams

    Publication Date: 2020-04-27
    Practice Area: Contracts | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Timothy Newton, Jarrett Spence, (Constangy, Brooks, Smith, & Prophete, LLP), Atlanta, for appellant.
    for defendant: Thomas Martin, (Martin & Martin, LLP), Tucker for appellee.
    Case Number: A19A1895

    Court reverses summary judgment for an employee physician due to unresolved ambiguity in an employment agreement

  • Estate of Steven Fanning et al. v. Estate of Karen Fanning

    Publication Date: 2020-04-20
    Practice Area: Civil Procedure | Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Joseph Kalamaro, (The Clifton Law Firm, LLC), Peachtree City, for appellant.
    for defendant: Angela Landgaard, (Slepian & Schwartz, LLC), Peachtree City, William Ney, (William Brent Ney, LLC), Lawrenceville, for appellee.
    Case Number: A19A2432

    Court reverses summary judgment order in a dispute over a right of first refusal for the purchase of real estate because claimant failed to provide supporting evidence

  • Milliken & Company v. Georgia Power Company

    Publication Date: 2020-03-23
    Practice Area: Contracts
    Industry: Energy
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Stevan Miller, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, for appellant.
    for defendant: Benjamin Brewton, (Tucker Long, P.C.), Augusta, Malissa Kaufold-Wiggins, Hugh McNatt, (Balch & Bingham LLP), Atlanta, Hugh McNatt, (Balch & Bingham LLP), Vidalia, David Dial, Carol Michel, Thomas Strueber, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, for appellee. David Boone, Simone Siex, Ryals Stone, (Boone & Stone), Atlanta, John Clark, (Clark & Smith Law Firm, PC), Macon, William Stone, (William S. Stone, P.C.), Blakely, James Stone, (The Stone Law Group - Trial Lawyers, LLC), Atlanta, David Bell, (Law Office of David B. Bell), Augusta, Nicholas Moraitakis, (Moraitakis & Kushel LLP), Atlanta, James Ellison, James Wall, (Wall Ellison LLP), Augusta, James Strawinski, (Strawinski & Stout, P. C.), Atlanta, Jay O'Brien, (Attorney at Law), Atlanta, Jamie Lebovitz, (Nurenberg, Paris, Heller & McCarthy), Cleveland, Steven Ashby, (Ashby Family Law Associates, P.C.), Tucker, Joseph Brown, David Caine, Lucy Tufts, (Cunningham Bounds, LLC), Mobile, Robert Byrd, Audra Byrd, John Wilkerson, (Turner, Padget, Graham & Laney P.A.), Charleston, E. Armstrong, (Law Offices of Alan Armstrong), Atlanta, David Katzman, (Katzman, Lampert & McMlune), Troy, Michael Schroder, (Swift, Currie, McGhee & Hiers), Atlanta, J. Mozley, (Mozley, Finlayson & Loggins), Atlanta, Mark Gropp, (Wasson Sours & Harris, P.C.), Atlanta, William Floyd, Christine Hall, Peter Van Deventer, Douglas Amster, Gene Kaskiw, Douglas McQueen, (Lewis Brisbois Bisgaard & Smith, LLP), Newark, Victoria Carroll, (McMickle Kurey And Branch LLP), Alpharetta, Kenan Loomis, (Cozen O'Connor), Atlanta, for other party.
    Case Number: A17A1706

    Court rules that language in an easement was an indemnification obligation and not just a covenant not to sue