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Crippen & Lawrence Investment Co., Inc. v. A Tract of Land Being Known As 444 Lemon Street, et al.

Publication Date: 2020-11-16
Practice Area: Civil Procedure | Real Estate | Trusts and Estates
Industry: Real Estate
Court: Georgia Supreme Court
Judge: Justice Blackwell
Attorneys: For plaintiff: John Hampton Coleman, (Coleman Law, LLC), Atlanta, for appellant.
for defendant: Reginald L. Snyder, (Taylor English Duma, LLP), Atlanta, for appellee. James L. McDaniel, (McDaniel & Scott), Decatur, Barry Phillip Bettis, (Bettis Law Group, LLC), Alpharetta, for Amicus Appellant.
Case Number: S19G1645

Tax Sale Purchaser of Property Had Standing to Claim Estate Executor Had Impliedly Assented to Devise of Property
Miller v. Hiawassee Allen Family, LLC. et al.

Publication Date: 2020-11-10
Practice Area: Contractual Disputes | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Pipkin
Attorneys: For plaintiff: Roy Barnes, Benjamin Rosichan, (The Barnes Law Group, LLC), Marietta, for appellant.
for defendant: Lawrence Sorgen, Hiawassee, Furman Smith, (Furman Smith, Jr., P.C.), Atlanta, for appellee.
Case Number: A20A0849

Court reverses summary judgment order that had been in favor of a real estate purchaser because facts regarding waiver of a financing contingency were not clear
Cook Sales, Inc. v. Concrete Enterprises, LLC

Publication Date: 2020-11-06
Practice Area: Civil Procedure | Real Estate
Industry: Construction | Real Estate
Court: Georgia Court of Appeals
Judge: Judge Colvin
Attorneys: For plaintiff: Charles Watt, (Coleman Talley LLP), Valdosta, for appellant.
for defendant: Alex Kaplan, (Brimberry Kaplan & Brimberry, PC), Albany, for appellee.
Case Number: A20A1037

Limitation Period For Filing Notice of Materialman's Lien Ran From Date Lien Action Was Filed
Massey et al. v. Duke Builders, Inc.

Publication Date: 2020-10-29
Practice Area: Contracts | Real Estate
Industry:
Court: Georgia Supreme Court
Judge: Presiding Justice Nahmias
Attorneys: For plaintiff: Matthew Parks Benson, Gerald Davidson, Jr., Brian Tanner Easley, (Mahaffey Pickens Tucker, LLP), Lawrenceville, Michael Brian Terry, Jane D. Vincent, (Bondurant, Mixson & Elmore, LLP), Atlanta, for appellant.
for defendant: Anthony O. L. Powell, Wesley Charles Ross, John James Crowley, (Powell & Edwards), Lawrenceville, Robert Sparks Highsmith, Jr., James Cullen Evans, (Holland & Knight, LLP), Atlanta, for appellee.
Case Number: S20G0018

Materialmen's Lien May Not Include Anticipated Profits; Trial Court Erred in Ruling That the Entire Lien Was Void
Wilkes 581 Farms, LLC v. McAvoy

Publication Date: 2020-10-21
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys: For plaintiff: M Eberhardt, (Eberhardt & Hale, LLP), Athens, for appellant.
for defendant: Charles LeGette, (Attorney at Law), Washington, for appellee.
Case Number: A20A1225

Court reverse trial court ruling and determines that no prescriptive easement had been established over a landowner's property
Havenbrook Homes, LLC et al. v. Infinity Real Estate Investments, Inc. et al.

Publication Date: 2020-09-28
Practice Area: Contractual Disputes | Real Estate
Industry: Construction | Real Estate
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys: For plaintiff: Alan Ness, Peachtree Corners, for appellant.
for defendant: Stephen Snow, Carrie Moss, (Bendin Sumarall & Ladner, LLC), Atlanta, Jeffrey Brown, (Brown & Adams, LLC), Columbus, Stephen Dermer, (Dermer Appel Ruder, LLC), Peachtree Corners, for appellee. TMC Services, LLC c/o Terry Clayton, Covington, for other party.
Case Number: A20A1057

Property Owner Not Third Party Beneficiary of Construction Contract Between Property Manager and Contractor
Synovus Bank v. Kelley

Publication Date: 2020-09-21
Practice Area: Bankruptcy | Real Estate
Industry:
Court: Georgia Supreme Court
Judge: Justice McMillian
Attorneys: For plaintiff: David Allen Garland, Stephan Alan Ray, (Moore, Clarke, Duvall And Rodgers P.C.), Albany, for appellant.
for defendant: Walter W. Kelley, (Kelley, Lovett, Blakey & Sanders, P.C.), Albany, Thomas Dozier Lovett, Thomas Dozier Lovett, (Kelley, Lovett, Blakey & Sanders, P.C.), Valdosta, for appellee.
Case Number: S20Q0843

Judgment Creditor's Lien on Debtor's Real Property Was Not Created Until Judgment Was Recorded
JPMorgan Chase Bank, N. A. v. Delpiano et al.

Publication Date: 2020-09-16
Practice Area: Creditors' and Debtors' Rights | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Mercier
Attorneys: For plaintiff:
for defendant:
Case Number: A20A1084

Court reverses denial of bank's motion for summary judgment in a case seeking reformation of a deed and remands for further proceedings
Saks Management And Associates, LLC. v. Sung General Contracting, Inc. et al.

Publication Date: 2020-09-11
Practice Area: Contractual Disputes | Real Estate
Industry: Construction | Real Estate
Court: Georgia Court of Appeals
Judge: Chief Judge McFadden
Attorneys: For plaintiff: David Cooper, Christopher Hoffman, Taylor Owens, (Kitchens Kelley Gaynes, P.C.), Atlanta, for appellant.
for defendant: David Walker, (Walker Law Firm), Stone Mtn, George Kimel, (Attorney at Law), Norcross, for appellee.
Case Number: A20A1085

Unlicensed Contractor Could Not Rely on Repair Rule Exemption to Statutory Rule Rendering Construction Contract Unenforceable
Holman et al. v. Glen Abbey Homeowners Association, Inc. et al.

Publication Date: 2020-08-20
Practice Area: Land Use and Planning | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Colvin
Attorneys: For plaintiff: Jason LoMonaco, (NowackHoward, LLC), Atlanta, Martin Shelton, (Lewis Brisbois), Atlanta, for appellant.
for defendant: Jason LoMonaco, (NowackHoward, LLC), Atlanta, for appellee.
Case Number: A20A0895

Attempt by a subgroup of owners of lakeside lots in an Association to pass lake repair costs to all members was declared invalid

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