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  • Joe and James Properties, LLC v. City of Atlanta

    Publication Date: 2023-07-26
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Michael Bain, John Connolly, (Flint, Connolly & Walker, LLP), Canton, for appellant.
    for defendant: Ronald Freeman, (Johnson & Freeman, LLC), Union City, Janise Miller, (Attorney at Law), Atlanta, Bobby Hill, (The Law Office of Bobby E. Hill, Jr. LLC), Atlanta, for appellee.
    Case Number: A23A0304

    City's Failure to Provide Appraisal to Property Owner Prior to Acquiring Property Was Harmless Violation of Eminent Domain Statute

  • Efficiency Lodge, Inc. v. Neason, et al.

    Publication Date: 2023-07-20
    Practice Area: Contractual Disputes | Landlord Tenant Law | Real Estate
    Industry: Hospitality and Lodging | Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: Roy E. Barnes, (The Barnes Law Group, LLC), Marietta, for appellant.
    for defendant: Charles R. Bliss, Elizabeth Ann Guerrant, Lindsey Meredith Siegel, Rachel Miller Lazarus, (Atlanta Legal Aid Society, Inc.), Decatur, Harold T. Daniel, Jr., (Harold Daniel Law LLC), Atlanta, David Alfred Webster, (Attorney at Law), Atlanta, for appellee; Miriam Fisher Gutman, Jamie B.J. Rush, (Southern Poverty Law Center), Decatur, for Amicus Appellee.
    Case Number: S22G0838

    Remand Necessary to Determine Whether Renters in Extended-Stay Motel Had Landlord-Tenant Relationship With Motel

  • Premier Residential SE, LLC et al. v. Silverstone Residential, LLC et al.

    Publication Date: 2023-07-20
    Practice Area: Business Torts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Bryan Busch, Laura Mirmelli, (Busch, Slipakoff, Mills & Slomka, LLC), Atlanta, Tom Pye, (Attorney at Law), Norcross, for appellant.
    for defendant: Katherine Silverman, Lea Dearing, (Berman Fink Van Horn P.C.), Atlanta, for appellee.
    Case Number: A23A0280

    Court affirms in part and reverses in part several aspects of a jury verdict in a complex dispute between former business partners

  • Smartt v. Eldridge

    Publication Date: 2023-07-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Stephen Michmerhuizen, Warren Coppedge, (Coppedge and Associates, P.C.), Dalton, for appellant.
    for defendant: David Lockhart, (Bradford & Lockhart, P.C.), LaFayette, Benjamin Bradford, (Benjamin T. Bradford, P.C.), LaFayette, for appellee; Christopher Carr, Keilani Parker, (Attorney General), Atlanta, Ryan Marks, Madison, for other party.
    Case Number: A23A0628

    Court affirms summary judgment in favor of acquirer of fee simple title in surplus property over adjacent property owner's claim that he should have received notice of sale

  • City of Tucker v. City of Clarkston et al.

    Publication Date: 2023-07-13
    Practice Area: Civil Procedure | Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Mark Ford, (Ford Legal, P.C.), Atlanta, for appellant.
    for defendant: Suzanne Osborne, (Department of Law), Atlanta, Stephen Quinn, (Wilson, Morton & Downs), Decatur, Curtis Romig, (Bryan Cave, LLP), Atlanta, Emily Macheski-Preston, (Coleman Talley LLP), Atlanta, Robert Ashe, Kevin Arocha, (Bryan Cave Leighton Paisner LLP), Atlanta, for appellee.
    Case Number: A23A0511

    Claim Against City For Illegal Annexation Became Moot After Portion of Annexed Land Was De-Annexed

  • Law Journal Press | Digital Book

    Texas Legal Malpractice & Lawyer Discipline 2023

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Kudzu Capital, LLC v. City of Decatur

    Publication Date: 2023-07-10
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Scott Peters, (Schreeder, Wheeler & Flint), Atlanta, for appellant.
    for defendant: Luther Beck, John Zwald, (Beck, Zwald & Associates, LLC), Buford, Bryan Downs, (Wilson Morton & Downs, LLC), Decatur, for appellee.
    Case Number: A23A0374

    Court affirms a final judgment in a condemnation case over property owner's arguments over admission of certain testimony and exclusion of other evidence

  • Leslie v. 1125 Hammond, LP et al.

    Publication Date: 2023-07-07
    Practice Area: Consumer Protection | Landlord Tenant Law | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Ralph Goldberg, (Goldberg & Cuvillier, P.C.), Tucker, for appellant.
    for defendant: Jeanette LeRay, Austin Atkinson, (Hall Booth Smith, P.C.), Atlanta, for appellee.
    Case Number: A23A0568

    No Material Factual Issues Were Presented in Support of Tenant's Housing Discrimination Claim

  • Om Shiv 2007, LLC v. Varsha 6-1-73, LLC

    Publication Date: 2023-07-07
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Taylor Martin, Amanda Schwartz, (Martin Trial Law), Macon, Donald White, (Adams, Hemingway, Wilson & Rutledge, LLC), Macon, for appellant.
    for defendant: Michael Cooper, Kenneth Barton, (Cooper, Barton & Cooper, LLP), Macon, for appellee.
    Case Number: A23A0613

    Court affirms denial of default judgment against a tenant in a dispossessory action because tenant was added after litigation began and was not required to file an answer

  • Anderson et al. v. David et al.

    Publication Date: 2023-07-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: R. Edwards, (Cochran & Edwards, LLC), Smyrna, Robert Jenkins, (Smith & Jenkins, P.C.), Hagan, Eric Logan, (Attorney at Law), Douglas, for appellant.
    for defendant: Jeffrey Schneider, Kimberly Sturm Brandon Arnold, Jacob O'Neal, (Weissman, P.C.), Atlanta, for appellee.
    Case Number: A23A0292

    Court reverses a summary judgment grant and construes an easement as not having conveyed sole and exclusive rights to a grantee and stripping away an owner's rights

  • Low et al. v. Swift et al.

    Publication Date: 2023-07-05
    Practice Area: Civil Appeals
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Frederick Low, Darlene Low, St. Mary's, for appellant.
    for defendant: William Newcomb, (Stites & Harbison PLLC), Atlanta, James Roberts, Theresa Beaton, (Roberts Tate, LLC), St. Simons Island, for appellee.
    Case Number: A23A0077

    Court dismisses appeals to a denial of a motion to set aside a summary judgment order in a real estate fraud matter because it had no jurisdiction over the appeals