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Wellman v. JP Morgan Chase Bank, NA et al.

Publication Date: 2018-08-16
Practice Area: Civil Procedure | Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys: For plaintiff: Don Wellman, Fayetteville, for appellant.
for defendant: David Pernini, (Wargo & French LLP), Atlanta, for appellee. John Weitz, (Attorney At Law), Atlanta,for other party.
Case Number: 18A1208

Trial Court Erred in Dismissing With Prejudice Where Dismissal Was Based on Insufficient Service of Process and Lack of Jurisdiction
Derby Properties, LLC v. J. W.

Publication Date: 2018-08-03
Practice Area: Real Estate | Tax
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Miller
Attorneys: For plaintiff: John Ayoub, Carolina Bryant (Ayoub & Mansour LLC), Atlanta, for appellant.
for defendant: Noelani Skipper (Attorney at Law), Dallas; Leanne DeFoor (Skipper Law LLC), Dallas, for appellee.
Case Number: A18A0355

Nuisance Abatement Statute Does Not Prevent County from Conducting Nonjudicial Tax Foreclosure Sale
BPP069, LLC v. Lindfield Holdings, LLC et al.

Publication Date: 2018-08-03
Practice Area: Contractual Disputes | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys: For plaintiff: Linwood Lovett, Matthew Myers (Lovett & Myers LLC), Macon, for appellant.
for defendant: Nathan Lee (Glover & Davis PA), Newnan, for appellee.
Case Number: A18A0072

Triable Issues of Fact As To Whether Buyer Could Have Discovered Property Was Subject to Demolition Order
City of Albany v. Stanford et al.

Publication Date: 2018-08-02
Practice Area: Land Use and Planning | Real Estate | Wrongful Death
Industry: Real Estate | State and Local Government
Court: Georgia Court of Appeals
Judge: Judge Bethel
Attorneys: For plaintiff: Sun Choy, Jacob Daly, Wesley Jackson (Freeman Mathis Gary LLP), Atlanta; C. Davis (City of Albany, City Attorney's Office), Albany; Rusi Patel (Georgia Municipal Association Inc), Atlanta, for appellant.
for defendant: Virgil Adams, Caroline Herrington, Donald Jordan, Dawn Lewis (Adams Jordan & Herrington PC), Macon; Renay Bloom, Marilyn Quail (Bloom Montrueil & Quail), Macon; Charles Cork (Attorney at Law), Decatur, for appellee. Daniel Loving, Molly Loving, Albany, for other party.
Case Number: A18A0699

City Immune From Suit Claiming City's Failure to Curtail Nuisance Proximately Caused Plaintiff's Death
Fannie Mae v. Las Colinas Apartments, LLC et al.

Publication Date: 2018-08-02
Practice Area: Contractual Disputes | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Reese
Attorneys: For plaintiff: Jennifer Pierce, Kimberly Rizzotti Weber (Aldridge Pite LLP), Atlanta, for appellant.
for defendant: William Anderson (Downey & Cleveland LLP), Marietta; Robert Elarbee (Law Office of Robert R. Elarbee LLC), Atlanta, for appellee.
Case Number: A18A0297

Loan Documents Unambiguously Provided for Personal Liability on Note
Heard v. Ruef

Publication Date: 2018-07-31
Practice Area: Civil Procedure | Creditors' and Debtors' Rights | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge McMillian
Attorneys: For plaintiff: Jason Graham (Graham & Penman LLP), Atlanta; Robert Kozloski (Graham Legal LLC), Atlanta, for appellant.
for defendant: Robin Gentry, Ray Smith (Smith & Liss LLC), Atlanta, for appellee.
Case Number: A18A0186

Geographical Limits For Deposition Do Not Apply to Nonresident Judgment Debtor During Postjudgment Discovery
Performance Food Group, Inc., v. Davis

Publication Date: 2018-07-30
Practice Area: Creditors' and Debtors' Rights | Evidence | Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys: For plaintiff: James Martin (Hays Potter & Martin), Peachtree Corners, for appellant.
for defendant: Willis Blacknall (Attorney at Law), Waycross, for appellee. David Conner, Robert Kutchey (The Conner Law Group P.C.), Savannah, for other party.
Case Number: A18A0440

Lender Bank's Claim For Excess Funds Following Tax Sale Lacked Supporting Business Records
Rivers v. Revington Glen Investments, LLC

Publication Date: 2018-07-30
Practice Area: Contractual Disputes | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys: For plaintiff: William Turner (Turner & Lawrence PC), Jackson, for appellant.
for defendant: J. Humphries (Smith Gambrell & Russell LLP), Atlanta, for appellee.
Case Number: A18A0781

Trial Court Erred in Finding Property Seller Breached Warranty By Leaving Debris on Property
Gilbert et al. v. Canterbury Farms, LLC et al.

Publication Date: 2018-07-25
Practice Area: Real Estate
Industry: Construction
Court: Georgia Court of Appeals
Judge: President Judge Doyle
Attorneys: For plaintiff: Barry Middleton, John Tisdale (Tisdale Law Firm), Evans, for appellant.
for defendant: James Trotter (Trotter Jones LLP), Augusta; James Overstreet (Klosinski Overstreet LLP), Augusta; Courtney Patrick (Attorney at Law), Augusta, for appellee. James Trotter (Trotter Jones LLP), Augusta; William Keogh (Hull Barrett PC), Augusta; Thomas Clancy, Grovetown; Megan Clancy, Grovetown; Dorothy Miller, Maryville; Gerald Speering, Martinez; Fran Speering, Martinez; David Hahn, Joan Hahn (As Trustee of David & Joan Hahn Living Trust), Grovetown; Christine Martin, Evans; Paul McLeod, Grovetown; Todd Boudreau, Grovetown; Soonja Boudreau, Grovetown, for other party.
Case Number: A18A0241

Protective Covenants Were Enforceable Against Defendant
New Star Realty, Inc. v. Jungang PRI USA, LLC

Publication Date: 2018-07-20
Practice Area: Business Torts | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Barnes
Attorneys: For plaintiff: Mary Durant (Attorney at Law), Tucker; Leland Kynes (Kynes Law LLC), Atlanta, for appellant.
for defendant: Andrew Flake, Megan Mitchell (Arnall Golden Gregory LLP), Atlanta, for appellee. Jeongha Lee (Jackson County Correctional Institute), Jefferson; West Point Property Group LLC, Atlanta; New Star Realty & Investment Inc, Atlanta, for other party.
Case Number: A18A0777

Francisor Real Estate Company Not Vicariously Liable For Franchisee President's Improper Transfer of Escrow Account Funds

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