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  • Farmer v. Farmer

    Publication Date: 2024-04-25
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant.
    for defendant: Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee.
    Case Number: A23A1302

    Court reverses summary judgment order and rules that an oral promise to convey a life estate in real estate may be enforceable under specific circumstances

  • North Atlanta Vascular Clinic, P.C. v. Thomas Matthews et al.

    Publication Date: 2024-04-22
    Practice Area: Contracts | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Frank Lowrey, Jeffrey Chen, (Bondurant Mixson & Elmore LLP), Atlanta, Edwin Page, Atlanta, for appellant.
    for defendant: Scott Grubman, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Stephen Bauer, Jarvarus Gresham, Jacqueline Menk, (BakerHostetler LLP), Atlanta, Scott Grubman, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Kurt Lentz, (Sutherland Asbill & Brennan LLP), Atlanta, for appellee; Roy Banerjee, Damon Scott, (Kimar Prabhu Patel and Banerjee LLC), Atlanta, for other party.
    Case Number: A23A1627

    Court affirms summary judgment order against a clinic that sought to enforce a non-compete clause against a doctor who had worked at the clinic

  • Jimenez v. Houseboats on Lanier, Inc. et al.

    Publication Date: 2024-04-08
    Practice Area: Contracts
    Industry: Brokerage
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Ashley Hughes, Oniss Cardenas, (Oliver Hughes LLC), Woodstock, for appellant.
    for defendant: Gregory Jay, (Chandler, Britt & Jay, LLC), Buford, for appellee; Daniel Parr, (Weaver Law Firm), Gainesville, Franklin Patterson, (Bart Patterson & Associates LLC), Gainesville, for Other Party.
    Case Number: A23A1551

    Court affirms summary judgment for a bot brokerage firm in houseboat purchase dispute based on purchase agreement's merger clause and language disclaiming warranties

  • 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

  • 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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  • 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

  • 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

  • Schaffer v. Collinsville Meadow Townhomes, LLC

    Publication Date: 2024-02-23
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A23A1382

    Court vacates trial court order that precluded a previous owner from asserting an ownership interest in a parcel of property and remands for reconsideration of consideration in conveyance

  • Bennett v. Cashin et al.

    Publication Date: 2024-02-16
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joseph Key, Kayci Timmons, (J. Scott Key, LLC), Madison, for appellant.
    for defendant: David McPherson, (The McPherson Law Firm), Sparta, for appellee.
    Case Number: A23A1708

    Court affirms judgment notwithstanding a jury verdict to the contrary, holding that an unlicensed general contractor cannot recover for nonpayment with a breach of contract claim

  • Mason v. Permanent General Assurance Corp. et al.

    Publication Date: 2024-01-30
    Practice Area: Contracts | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Robert Irby, (Irby Law, LLC), Vestavia, William Dobson, (Morriss, Lober & Dobson, LLC), Macon, Michael Lober, (Lober & Dobson), Woodstock, for appellant.
    for defendant: Robert Norman, (Jones, Cork & Miller), Macon, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellee.
    Case Number: A23A1529

    Court reverses dismissal of an insured party's claim for a refund or premiums in a dispute over a cancelled auto insurance policy, citing ambiguity in policy terms as a rationale for its decision