• Love et al. v. Fulton County Board of Tax Assessors et al.

    Publication Date: 2018-12-18
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Wayne Kendall, (Wayne B. Kendall P.C.), Fayetteville, for appellant.
    for defendant: Kimberly Alexander, (Georgia Department of Early Care and Learning, Bright from the Start), Atlanta, Cheryl Ringer, Patrise Perkins-Hooker, Kaye Burwell, (Office of The Fulton County Attorney), Atlanta, for appellee.

    Case Number: A18A1778

    Board of Tax Assessors has broad discretion to direct its own operations, but individual Board members have no sovereign immunity against claims for prospective relief.

  • Bowen v. Laird

    Publication Date: 2018-12-05
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Larry Oldham, (Larry C. Oldham, PC.), Cumming, for appellant.
    for defendant: Phillp Friduss, (Hall Booth Smith, PC), Atlanta, Phillip Landrum, (Landrum & Landrum), Jasper, for appellee.

    Case Number: A18A0915

    Court Reverses Award of Attorney's Fees in Quit Title Dispute on Basis that Jury Erroneously Attributed Bad Faith to Defendant for Unsuccessfully Defending Against the Underlying Claim

  • York et al. v. Athens College of Ministry, Inc. et al.

    Publication Date: 2018-11-29
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Ellison, (Cowsert Heath, LLP), Athens, for appellant.
    for defendant: James Warnes, (Timmons Warnes, LLP), Athens, Thomas Mitchell, (Carothers & Mitchell, LLC), Buford, for appellee. Brian Daughdrill, (Roberts & Daughdrill, P.C.), Atlanta, for amicus curiae.

    Case Number: A18A0934

    Recipient of special use building permit waived its right to object to a resident's challenge to the issuance of that permit.

  • Alfonza McKeever, Jr. v. Cathy L. Scarver as Chapter 7 Trustee for The Bankruptcy Estate Of Alfonza McKeever, Jr.

    Publication Date: 2018-11-26
    Practice Area: Bankruptcy | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Alfonza McKeever, Stone Mountain, for appellant.
    for defendant: James Williams, (Attorney at Law), Atlanta, for appellee.

    Case Number: A18A1192

    Court Reverses Trial Court's Affirmance of Magistrate Court's Order Denying Motion to Vacate Writ of Possession Upon Finding Error in Superior Court's Construction of Statute Governing Appeals from Magistrate Court in Bankruptcy Dispute

  • Buchanan v. Buchanan

    Publication Date: 2018-11-26
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Richard Schrade, (Attorney at Law), McDonough, for appellant.
    for defendant: Johnnie Caldwell, (Caldwell & Irvin, Attorneys at Law, LLC), Thomaston, for appellee.

    Case Number: A18A1345

    Court Reverses Order Granting Motion to Enforce Settlement by Wife Seeking to Finalize Divorce Based on Handwritten Notes from Conversation With Her Husband

  • Homelife On Glynco, LLC et al. v. Gateway Center Commercial Association, Inc.

    Publication Date: 2018-11-19
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: James Roberts, (Roberts Tate, LLC), St. Simons Island, Brad Proctor, (Blueprint Construction Counsel, LLP), Brunswick, for appellant.
    for defendant: Jeffrey Lutz, (Culhane Meadows, PLLC), St. Simons Island, for appellee.

    Case Number: A18A0860

    Successor owner of commercial property owed assessments to a management association under the terms of the association's original declaration.

  • White et al. v. Gens

    Publication Date: 2018-11-16
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Richard Calhoun, (Brock, Clay, Calhoun & Rogers), Marietta, J. Gaba, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, Louis Fiorilla, (Burr & Forman, LLP), Atlanta, Monica Gilroy, (Gilroy Bailey Trumble LLC), Alpharetta, for appellant.
    for defendant: Samuel Rusbridge, (Dyer & Rusbridge, P.C.), Canton, for appellee.

    Case Number: A18A0992

    Reformation of land title is appropriate where scrivener's error was the result of mutual mistake.

  • Jeschke et al. v. Turnstone Group, LLC et al.

    Publication Date: 2018-11-16
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Frank Moore, (Frank X. Moore Law), Blue Ridge, for appellant.
    for defendant: Elina Brim, (Lueder, Larkin & Hunter, LLC), Alpharetta, for appellee. Ean Kade Cullefer, (Georgia Chamber of Commerce), Atlanta, for amicus appellant.

    Case Number: A18A1175

    Court Affirms in Part and Reverses in Part Grant of Summary Judgment to Developer Opposing Challenge to Applicability of Covenants by Purchaser of Lots

  • Allen v. The State

    Publication Date: 2018-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Rachel Ackley, (Rachel Ackley Law, LLC), Atlanta, for appellant.
    for defendant: Matthew Krull, (Solicitor-General), Douglasville, Michellle Dissman, (Cherokee County Solicitor-General's Office), Canton, for appellee.

    Case Number: A18A1196

    Court Affirms Conviction of Check Forger Who Claimed That He Did Not Know That Check Was Forged

  • Manners v. 5 Star Lodge and Stables, LLC et al.

    Publication Date: 2018-11-13
    Practice Area: Personal Injury | Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mark Harper, Allen Lightcap, (Mayer & Harper, LLP), Atlanta, for appellant.
    for defendant: Robert Quinn, John Reale, (Drew Eckl & Farnham LLP), Atlanta, Douglasville, for appellee.

    Case Number: A18A1227

    Court Affirms Grant of Summary Judgment in Favor of Lodge Owner in Dispute Over Accidental Shooting on the Premises