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  • Marquita Jordan v. H. J. Russell & Company et al.

    Publication Date: 2024-04-12
    Practice Area: Landlord Tenant Law | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Andrew Rogers, William D’Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, Andrew Lynch, (Attorney at Law), Decatur, for appellant.
    for defendant: Laurie Daniel, Atlanta, Skyler McDonald, (Webb Daniel Friedlander LLP), Tampa, for appellee; Jackson Dial, Shanndor McClain, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Grant Schnell, (Holland & Knight LLP), Atlanta, for other party.
    Case Number: A23A1387

    Court rules in favor of apartment owners in fatal shooting case, applying landlord-tenant statute because shooting occurred inside an apartment over which defendants had relinquished possession

  • CLS Entertainment, Inc. v. Kenkam, LLC

    Publication Date: 2024-04-08
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Kenneth Newby, Nicholas Bacon, (Newby Law Group, LLC), Atlanta, for appellant.
    for defendant: Kimberly Ellison, Wayne Kendall, (Wayne B Kendall PC), Fayetteville, John Strauss, (John J. Strauss PC), Kennesaw, Robert Dukes, (Dukes Williams, LLC), Atlanta, for appellee.
    Case Number: A23A1546

    Court reverses post-settlement trial court orders that were contrary to the terms of the settlement in a dispute over a dispossession action relating to a commercial lease and property purchase

  • Latium USA Trading, LLC v. Smith

    Publication Date: 2024-04-05
    Practice Area: Contracts | Damages
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Van Horn, Jeremy Kahn, (Berman Fink Van Horn P.C.), Atlanta, for appellant.
    for defendant: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellee; Richard Wayne, Matthew Tokajer, (Richard C. Wayne & Associates, P. C.), Atlanta, for other party.
    Case Number: A23A1262

    Court reverses part of a default judgment due to improper calculation of loss of use damages in a case involving faulty window installation, but affirms all other aspects of the judgment

  • Edwards et al. v. Dixon et al.

    Publication Date: 2024-04-04
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: M. Pippenger, (Puryear Law Group PLLC), Chattanooga, for appellant.
    for defendant: Archibald Farrar, Catherine Jackson, (Farrar & Corbin PC), Summerville, for appellee.
    Case Number: A23A1586

    Court reverses summary judgment order that favored sellers in a dispute over a real estate purchase option agreement, finding that there was valid and adequate consideration for the agreement

  • Bell et al. v. Cross

    Publication Date: 2024-03-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Samuel Alderman, (Attorney At Law), Macon, for appellant.
    for defendant: Dana Davis, (Tucker Davis Law LLC), East Point, for appellee.
    Case Number: A23A1772

    Court reverses summary judgment order for specific performance in lease-option dispute and remands for further proceedings, citing ambiguities and potential waiver of variances in acceptance

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Naik v. Hyde Park Homes, Inc.

    Publication Date: 2024-03-28
    Practice Area: Contracts
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Udai Singh, (Attorney At Law), Duluth, for appellant.
    for defendant: James Morton, (Attorney At Law), Atlanta, for appellee.
    Case Number: A23A1206

    Court affirms summary judgment for a home builder in a dispute over the builder's retention of a nonrefundable deposit in a property assignment agreement

  • Williams v. Kasulka Properties, LP et al.

    Publication Date: 2024-03-25
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Dozier, Ashley Cameron, Lindsay Simmons, (Dozier Law Firm), Macon, for appellant.
    for defendant: R. Anderson, (Attorney at Law), Macon, Callie Bryan, (Jones Cork & Miller, LLP), Macon, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Kevin Wangerin, (Bullard, Wangerin, & Corbett, LLP), Macon, Cody McCollum, (Vernis & Bowling of Atlanta LLC), Atlanta, for appellee; Matthew Del Campo, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, for other party.
    Case Number: A23A1528

    Court affirms summary judgment for a landlord and property managers in premises liability case, finding that the landlord under OCGA § 44-7-14 and that the managers also owed no legal duty

  • Vantage Cancer Centers of Georgia, LLC et al. v. Georgia Department of Community Health et al.

    Publication Date: 2024-03-20
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Chief Justice Boggs
    Attorneys: For plaintiff: Keith Robert Blackwell, William Joseph Repko, III, (Alston & Bird LLP), Atlanta, Charles L. Gregory, John Warner Ray, (Ray & Gregory, LLC), Atlanta, for appellant.
    for defendant: Margaret Kemmerly Eckrote, Daniel Stephen Walsh, Christopher M. Carr, Charles K. Thimmesch, Jeffrey William Stump, Andrew Bain McClintock, (Department of Law), Atlanta, Robert Michael Rozier, Dorothy Hubbard Cornwell, (Baker & Hostetler LLP), Atlanta, Robert Sparks Highsmith, Jr., Allen Andre Hendrick, Talis Colgan Trevino, Laurie Wells Trompeter, (Holland & Knight LLP), Nashville, for appellee; Armando Luis Basarrate, II, David Boone Darden, Jameson B. Bilsborrow, (Parker Hudson Rainer & Dobbs, LLP), Atlanta, for other party.
    Case Number: S23G0405

    Court clarifies standard of review that Community Health Commissions must apply in evaluating hearing officer's factual findings in an application for a health care Certificate of Need

  • Sherritt v. SB Paulding Commons, LLC

    Publication Date: 2024-03-11
    Practice Area: Damages | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Shane Stogner, (Stogner Law, LLC) Marietta, for appellant.
    for defendant: David Ellison, (Fortson Bentley and Griffin PA), Athens, for appellee.
    Case Number: A23A1647

    Court affirms enforceability of a lease guaranty but vacates calculation of damages in a lease dispute and remands for evaluation of penalty clause under the proper standard

  • Scarbrough v. Phillips et al.

    Publication Date: 2024-03-08
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Beck, (Lawson & Beck, LLC), Peachtree City, for appellant.
    for defendant: Monica Gilroy, (The Gilroy Firm), Atlanta, Matthew Totten, (The Totten Firm, LLC), Atlanta, for appellee.
    Case Number: A23A1228

    Court affirms property owner's right to maintain utility lines on adjacent property outside express easement for maintenance based on a property interest arising from a quasi-easement