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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

  • Brownphil, LLC v. Cudjoe et al.

    Publication Date: 2024-04-23
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Kim Stroup, James Banter, (James Bates Brannan Groover, LLP), Macon, for appellant.
    for defendant: Michael Mayo, (Mayo Hill), Macon, for appellee.
    Case Number: A23A1762

    Court affirms prescriptive ownership in a property dispute, finding that property claimants had possessed disputed property under a claim that was public, continuous, exclusive, and uninterrupted

  • College Park Business and Industrial Development Authority v. College Park Mob, LLC

    Publication Date: 2024-04-19
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: P. Freed, Brian Goldberg, (Freeman, Mathis & Gary, LLP.), Atlanta, for appellant.
    for defendant: Simon Bloom, Shannan Oliver, Benjamin Dell'orto, (Bloom Parham LLP), Atlanta, for appellee.
    Case Number: A23A1332

    Court reverses grant of specific performance in real estate dispute due to trial court's lack of consideration of property value, but affirms summary judgment denying seller's breach of contract claims

  • 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

  • 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

  • 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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  • 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

  • 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

  • Barsamian v. Glynn County Board of Tax

    Publication Date: 2024-03-07
    Practice Area: Real Estate | Tax
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: James Roberts, (Roberts Tate, LLC), St. Simons Island, for appellant.
    for defendant: Gregory Carter, Amanda Szokoly, (Brown Reddick Bumgartner Carter Strickland & Watkins, LLP), Brunswick, for appellee.
    Case Number: A23A1344

    Court affirms inclusion of the value of memberships in a private club in property tax valuations for purposes of property tax assessments

  • First Center, Inc., et al. v. Cobb County, et al.

    Publication Date: 2024-03-06
    Practice Area: Government | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Kirk Randall Fjelstul, Kathryn M. Zickert, William John Diehl, II, (Smith Gambrell Russell, LLP), Atlanta, for appellant.
    for defendant: Russell A. Britt, Pearson Kern Cunningham, (Hall Booth Smith PC), Atlanta, Debra Lynn Blair, Hugh William Rowling, Jr., (Cobb County Attorney’s Office), Marietta, for appellee.
    Case Number: S24A0309

    Court affirms dismissal of a lawsuit challenging subdivision wall height rules, basing the dismissal on sovereign immunity grounds