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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
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
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.
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
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.
Georgian Fine Properties, LLC v. Lang, et al.

Publication Date: 2018-11-02
Practice Area: Contracts | Real Estate
Industry: Construction | Real Estate
Court: Georgia Court of Appeals
Judge: Judge Goss
Attorneys: For plaintiff: David Root, Mary Googe, (Carlock, Copeland and Stair LLP), Atlanta, for appellant.
for defendant: James Johnson, Nicholas Sears, (Knight Johnson, LLC), Atlanta, for appellee.
Case Number: A18A1295

Home rehabber is liable for negligent construction regardless of "as is" clause in a purchase contract
Republic Title Company, LLC v. Andrews

Publication Date: 2018-10-19
Practice Area: Civil Procedure | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Chief Judge Dillard
Attorneys: For plaintiff: Tynesha Walls, (Rhodes Walls Law Office, LLC), Snellville, for appellant.
for defendant: James Fletcher, (Fletcher Law Firm LLC), Atlanta, for appellee.
Case Number: A18A1205

Venue in an action to quiet title is appropriate where defendants reside
Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLC

Publication Date: 2018-10-12
Practice Area: Real Estate
Industry: Agriculture
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys: For plaintiff: John Christy, (Schreeder, Wheeler & Flint), Atlanta, George Rosenzweig, (Rosenzweig, Jones Horne & Griffis, PC.), Newnan, for appellant.
for defendant: Nowell Berreth, Max Marks, (Alston & Bird LLP), Atlanta, for appellee.
Case Number: A18A1420

Court Affirms Verdict in Favor of Leaseholder That Was Denied Entry to Harvest Peaches and Reverses Trial Court's Refusal to Allow for Award of Punitive Damages
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

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