Legal Opinion

Nacoochee Corp. v. Suwanee Investment Partners, LLC

Court of Appeals of Georgia

Decided September 8, 2005No. A05A1495PublishedCited by 13 opinions

1Opinion of the Court

Phipps, Judge.

Nacoochee Corporation filed a dispossessory action against Suwanee Investment Partners, LLC, d/b/a Backdrafts (“Suwanee”), alleging that Suwanee was a tenant-at-will. After a nonjury trial, the superior court entered judgment in favor of Suwanee, finding that a handwritten agreement between the parties was an enforceable lease and that Nacoochee was estopped from denying its validity. Nacoochee appeals, arguing primarily that the agreement violates the statute of frauds. We agree and accordingly reverse the trial court’s denial of the dispossessory action, but we remand for the…

2Cases cited12 opinions

  1. F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
  2. R. T. Patterson Funeral Home, Inc. v. HeadCourt of Appeals of Georgia · 1994
  3. White House, Inc. v. WinklerCourt of Appeals of Georgia · 1992
  4. CRS Sirrine, Inc. v. Dravo Corp.Court of Appeals of Georgia · 1994
  5. Focus Healthcare Medical Center, Inc. v. O’nealCourt of Appeals of Georgia · 2002

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3Cited by13 opinions

  1. Perry Golf Course Development, LLC v. HOUS. AUTH. OF CITY OF ATLANTACourt of Appeals of Georgia · 2008
  2. Haygood v. HeadCourt of Appeals of Georgia · 2010
  3. SPANN v. DAVISSupreme Court of Georgia · 2021
  4. Pritchett v. AfzalCourt of Appeals of Georgia · 2008
  5. Sage Atlanta Properties, Ltd. v. HawxhurstCourt of Appeals of Georgia · 2019

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