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Amberfield Homeowners Association, Inc. v. Young et al.

Publication Date: 2018-06-12
Practice Area: Real Estate
Industry: Entertainment and Leisure | Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Ellington
Attorneys: For plaintiff: George Welborn (Downey, Cleveland, Parker & Williams), Marietta; Joseph Atkins (Downey & Cleveland, LLP), Marietta, for appellant.
for defendant: Randall Lipshutz (Lipshutz Greenblatt LLC), Tucker, for appellee.
Case Number: A18A0391

Homeowners Association Had Authority to Accept Easement Obligating All Members to Pay Dues to Nearby Swim and Tennis Club
Southern Trust Insurance Company v. Cravey et al.

Publication Date: 2018-06-06
Practice Area: Contractual Disputes | Insurance Law | Real Estate
Industry: Insurance | Real Estate
Court: Georgia Court of Appeals
Judge: Judge Bethel
Attorneys: For plaintiff: Craig Cowart (Craig N Cowart, LLC), Macon, for appellant.
for defendant: Rachel Sullivan, Michael Kendall, Daniel Conner (Kendall Law Group, LLC), Douglasville, for appellee.
Case Number: A18A0301

Property Renter/Buyer Created Valid and Enforceable Insurance Contract On Behalf of Owner
Behdadnia v. E.E. Beavers Family Partnership, L.P.

Publication Date: 2018-06-05
Practice Area: Civil Procedure | Evidence | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Bethel
Attorneys: For plaintiff: Daniel Meachum (Daniel R. Meachum & Associtate, LLC), Atlanta, for appellant.
for defendant: Kyler Wise (Wilson Brock & Irby, LLC), Atlanta, for appellee.
Case Number: A18A0450

Remand Necessary Where Record Unclear As To What Evidence Trial Court Considered Before Granting Motion to Dismiss
Langley v. MP Spring Lake, LLC

Publication Date: 2018-05-23
Practice Area: Civil Procedure | Landlord Tenant Law | Premises Liability | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Chief Judge Dillard, C.J.
Attorneys: For plaintiff: Matthew Gebhardt (Gebhardt Law Firm), Jonesboro, for appellant.
for defendant: Jacob Daly (Freeman, Mathis & Gary, LLP), Atlanta, for appellee.
Case Number: A18A0193

Tenant's Premises Liability Action Against Landlord Was Barred By Contractual Limitation Period Stated in Lease
Northlake Manor Condominium Assoc, Inc. v. Harvest Assets, LLC

Publication Date: 2018-05-09
Practice Area: Contracts | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Barnes
Attorneys: For plaintiff: Randall Lipshutz (Lipshutz Greenblatt LLC), Tucker, for appellant.
for defendant: John Ayoub, Carolina Bryant (Ayoub & Mansour LLC), Atlanta, for appellee.
Case Number: A18A0653

The trial court erred in denying condo association's claim for unpaid condominium association assessments that had accrued during the pendency of litigation between association and LLC that purchased the tax deed for a condominium in the Association.
Georgia Appreciation Property, Inc. v. Enclave At Riverwalk Townhome Association, Inc.

Publication Date: 2018-05-07
Practice Area: Civil Procedure | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Branch
Attorneys: For plaintiff: Carol Clark (Carol Clark Law), Atlanta; Randall Lipshutz (Lipshutz Greenblatt LLC), Tucker, for appellant.
for defendant: Leslie Eason, Lauren Bellamy (Gordon & Rees LLP), Atlanta; Jacob Davis (Lazega Johanson LLC), Atlanta, for appellee.
Case Number: A17A2097

Homeowner's Challenge to Amendments to Owners' Association Documents Was Derivative In Nature
City Of Gainesville v. Waldrip et al.

Publication Date: 2018-05-04
Practice Area: Government | Real Estate
Industry: Real Estate | State and Local Government
Court: Georgia Court of Appeals
Judge: Judge Bethel
Attorneys: For plaintiff: Dana Maine (Freeman Mathis & Gary), Atlanta, for appellant.
for defendant: Robert Jackson (Robert B. Jackson, IV, LLC), Atlanta; Donald Stack (Stack & Associates, PC.), Atlanta, for appellee.
Case Number: A17A1946

City Had No Duty To Abate Flooding From Storm Water Discharge Onto Private Property Adjacent to Plaintiff's Property
Erickson v. Bank Of America, N. A. et al.

Publication Date: 2018-05-03
Practice Area: Creditors' and Debtors' Rights | Real Estate
Industry: Financial Services and Banking
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Sarah Erickson, Marietta, for appellant.
for defendant: Jarrod Mendel (McGuire Woods LLP), Atlanta, for appellee.
Case Number: A17A1839

The trial court erred in granting summary judgment to bank on its complaint for declaratory judgment and equitable reformation of a security deed because it was no longer the holder of the security deed that provided the basis for its complaint and thus lacked standing to pursue those claims.
DIP Lending I, LLC v. Cleveland Avenue Properties, LLC

Publication Date: 2018-04-26
Practice Area: Civil Procedure | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Bethel
Attorneys: For plaintiff: Jimmy Luke (Martin Bagwell Luke, P.C.), Atlanta, for appellant.
for defendant: James Fletcher (Fletcher Law Firm LLC), Atlanta, for appellee.
Case Number: A17A1410

Addressing Foreclosure Notice to Third-Party Name At Proper Address Did Not Satisfy Statutory Notice Requirements
Georgiacarry.Org, Inc., et al. v. Atlanta Botanical Garden, Inc.

Publication Date: 2018-04-24
Practice Area: Constitutional Law | Government | Real Estate
Industry: Real Estate | State and Local Government
Court: Georgia Court of Appeals
Judge: Judge Rickman
Attorneys: For plaintiff: John Monroe (Attorney at Law), Roswell, for appellant.
for defendant: Michael Brown (Alston & Bird LLP), Atlanta, for appellee. Henry Chalmers, Andrew Stevens (Arnall Golden Gregory), Atlanta; Peter Canfield, Brian Lea (Jones Day), Atlanta, for amicus curiae.
Case Number: A17A1639

Private Non-Profit Organization Could Prohibit Individuals From Carrying Guns Onto Its Leased Property

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