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McGahren Law

Civil Litigation

Georgias Appellate Court Expansion

Beginning on January 1, 2016, Georgias appellate courts will be entering a significant transition phase. Often described as one of the busiest intermediate appellate courts in the nation, statistics from 2014 show that the Court disposed of over 2,400 direct appeals in that year, representing over 200 cases per judge, and that does not include approximately 800 additional applications and motions that the Court [ MORE » ]
Georgias Appellate Court Expansion
Posted in Civil Litigation, Appeals
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Georgias Garnishment Law Declared Unconstitutional

On September 8, 2015, U.S. District Judge Marvin H. Shoob held that Georgias post-judgment garnishment statute, O.C.G.A. 18-4-60, et seq., is unconstitutional in Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga. Sept. 8, 2015)(granting summary judgment for plaintiff). This ruling has impacted several counties throughout the State of Georgia, and has left creditors on uncertain ground. The plaintiff, Tony Strickland, filed suit against Gwinnett County [ MORE » ]
Georgias Garnishment Law Declared Unconstitutional
Posted in Corporate and Business Transactions, Civil Litigation
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Time Limits For Enforcing Restrictive Covenants Recent Developments

For any homeowners association charged with enforcing restrictive covenants, it is worth keeping a close eye on the development of Georgia law in this area, particularly with respect to the statute of limitation. As the recent case of S-D RIRA, LLC v. Outback Prop. Owners Assn, 330 Ga.App. 442 (2014), demonstrates, although, for now, the law remains relatively favorable to those seeking to enforce [ MORE » ]
Time Limits For Enforcing Restrictive Covenants Recent Developments
Posted in Real Estate, Homeowner's and Condominium Association Law, Civil Litigation, Appeals
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